STATE OF MADHYA PRADESH Vs. RAMSINGH

JUDGEMENT

(1.) THIS criminal appeal under Section 378 (3) of the Code of criminal Procedure has been preferred by the State of Madhya Pradesh being aggrieved by the impugned judgment dated 30/4/1998 passed by the 4th Additional Sessions Judge, Sagar in Criminal Appeal no. 148/1997 reversing the judgment, finding and sentence dated 6/10/1997 passed by the Judicial Magistrate First Class, Sagar in criminal Case No. 215/1995, and acquitting the respondents from offence under Section 325/34 of IPC.

(2.) THE prosecution case in short is that on 24/9/1989 when complainant Lajja Shankar was coming back to his house carrying grass, respondent No. 3 Baldwan Singh met him on the way. He used filthy language against him. He rushed to inflict `katarna' blow to him but he ran away and fell down in front of his house, where Baldwan Singh inflicted `katarna' blow in his right hand and caused injury. Ramsingh and Malkhan Singh also caused his marpeet by lathi on account of which he sustained injury in his leg. On the same day he lodged the report at police Station Naryawali, which was recorded in Roznamcha Sanha no. 689. He was sent for medical examination. Dr. G. S. Choubey (PW-6)examined him and found injuries as mentioned in the medical report ex. P-7. His X-ray was taken by Dr. V. K. Mishra (PW-7), who found dislocation of metacarpal phalergial joint of third metacarpal. He also found fracture of malleolus tibia. On the basis of medical and X-ray report, Crime No. 146/1989 under Sections 325/34 IPC was registered against the respondents at Police Station Naryawali. Spot map was prepared. The statements of witnesses were recorded. After completing the usual investigation, a charge sheet was filed in the Court of Judicial magistrate First Class, Sagar.

(3.) RESPONDENTS were charged under Sections 325, 325/34 of ipc. They denied the guilt and claimed to be tried, mainly contending that they have been falsely implicated. The prosecution examined as many as seven witnesses and the respondents also examined two witnesses. After appreciating the evidence, the trial Court found them guilty under Section 325 of IPC and sentenced to R. I. for two years with fine of Rs. 200/- each, in default of payment of fine, additional R. I. for 15 days. Being aggrieved by the judgment, finding and sentence, respondents preferred criminal appeal No. 148/97 before the 4th additional Sessions Judge, Sagar, which was allowed and the respondents were acquitted from the charge leveled against them. Being aggrieved by the impugned judgment of acquittal, this instant appeal has been preferred by the State of Madhya Pradesh after taking leave from this Court on the grounds mentioned in the memo of appeal.