STATE OF MADHYA PRADESH Vs. JHALKHAN

JUDGEMENT

(1.) STATE of Madhya Pradesh has preferred this appeal challenging the order of acquittal of respondents under Section 325 of IPC passed by Judicial Magistrate First Class, Banda, District sagar in Criminal Case No. 527/94.

(2.) RESPONDENTS were tried for the offence under Section 325/34 of IPC before Judicial Magistrate First Class, Banda District sagar. As per prosecution allegations, respondents and complainant Jagrani had adjacent houses in the village Chhapri. There was a dispute of wall between them. On 12. 10. 94 about 9 'o'clock in the morning, Respondent Jhalkhan was trying to build a wall over the land of complainant Jagrani despite her objections. When complainant Jagrani tried to prevent the building of wall, the three respondents emerged there with axe and lathi and began assaulting Jagrani. Respondent Nandkishore gave an axe blow on the scalp of Jagrani, while Jhalkhan gave a lathi blow on her right hand and the third respondent Prahlad gave repeated blows on her back, as a result of which, complainant Jagrani sustained several injuries including fracture in her right radius ulna bones. When her husband Kanchedi and son Pooranlal came to her rescue, respondents began assaulting them and caused hurt to them as well. The FIR of the incident was lodged by Jagrani at Police station Banda, on the basis of which an offence was registered against the respondents and was investigated. Complainant jagrani, her son Pooranlal and husband Kanchedi were sent for medical examination. After due investigation, respondents were prosecuted under Section 324, 325, 323/34 of IPC and put to trial.

(3.) RESPONDENTS denied the charges framed against them under Section 325/34 of IPC and pleaded false implication.