MUKKA Vs. STATE OF M. P.

JUDGEMENT

(1.) The appellant has filed the present appeal being aggrieved by the judgment dated 3.9.2013 passed by Addl. Sessions Judge, Special Court Electricity Act, Indore in Sessions Trial No. 932/2011, whereby he has been convicted u/s. 329 of IPC and sentenced to 5 years' RI with fine of Rs.5,000/- and in default of fine amount, to further undergo additional 6 months' RI.

(2.) Facts of the case, in short, are as under :

(3.) The prosecution examined Jairam Sharma (P.W.1) who narrated the entire incident as disclosed in the FIR. His son Pankaj Sharma was also examined as P.W.2 who has supported the case of prosecution. Banshi, a nearby shop-owner was examined as P.W.3, but he did not support the case of prosecution and declared hostile. Dr. Santosh Khandelwal was examined as P.W.4, who proved Ex. P/5 & P/6 in respect of fracture on Ulna bone of left hand. Shyamveer Singh, Sub Inspector was examined as P.W.5 who conducted the investigation and Narendra Bajpai, Sub Inspector was examined as P.W.6, Dr. Mahendra Jain was examined as P.W.7.