DHANIRAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed by the appellant being aggrieved by the judgment dated 20. 1. 2000 passed by the II Add. Sessions Judge, Tikamgarh in Sessions trial No. 83/94 convicting him under Section 323 of the IPC with a direction to undergo RI for one year and fine of Rs. 1000/-, in default of depositing such fine, further three months S. I has been awarded.

(2.) THE facts giving rise to this appeal in short are that on 15. 4. 94 at about 8 O' clock in the morning at village Mador, Sudha (P. W. 4) was cleaning the house of her mother Rati Bai (P. W. 5 ). While doing so, the `sigri' (cooking gas) was broken due to that some exchange of abuse took place between them, consequently, said Sudha was beaten by the appellant, Subodh and Pawan by means of sticks and fists. When her mother Rati Bai came to rescue her, she was also subjected to beating by means of stick on her waist and leg by Dhaniram. Her son Vinod (P. W. 7) was also subjected to beating by appellant and Subodh by means of sticks on his head and legs. Immediately after the incident, victim Rati bai lodged the FIR in police outpost Chakarpur, Police Station Orchha, on which, offence under Sections 323,341,294 and 34 of IPC was registered against the appellant and two other accused persons. Victim Rati Bai, Vinod and Sudha were referred to hospital for their medical examination. P. W. 6 Dr. Lakhanlal ambedkar examined victims and prepared their MLC report. On examining victim Vinod vide Ex. P/10, he found one lacerated wound and four contusions. On examining victim Rati Bai vide Ex. P/11, he found four contusions while on the person of victim Sudha, vide Ex. P/12, he found one teeth bite, two contusions and one abrasion.

(3.) AFTER holding the investigation, appellant and other two accused Pawan and subodh were prosecuted for the offence under Section 323,341,294 and 34 of IPC. It is noted that initially the offence was registered under the aforesaid sections but after receiving the X-ray report and opinion of the doctor, the charge-sheet under section 307 IPC was also filed.