STATE Vs. DHANPAT

JUDGEMENT

(1.) THIS is an appeal by the State from the order of First Class Magistrate, Bhadra dated 14-8-1963, acquitting the respondents of offences under Sections 325 and 323, Penal Code.

(2.) THE facts leading to this appeal may be briefly stated as follows: The respondent Richhpal and injured Hari Singh P. W. 3 were students of the village School in village Ramgarh. The accused, respondent Dhanpat is the father of the accused-respondent Bichpal. On 30-4-1962 Hari Singh P. W 3 and the accused-respondent Richhpal were going to School at about 9 A. M. Haridngh drew a picture of a man on his slate Eichhpal questioned Hirisingh as to whose picture he bad prepared. Hari Singh replied that he had prepared the picture of a person. Richhpal thereupon told him that it was the picture of his dead father, Richhpal having said so at once began to run away. Hari-singh tried to chase him. Richhpal collided with one boy Prithvi Raj in consequence of which he lost one of his teeth. This incident annoyed Richhpal's father and the members of his family. Consequently on 1. 5. 1962 when Harisingh was returning from the jungle after easing himself the two accused-respondents assaulted him. Respondent Dhanpat threw him down and sat on his cheat. The respondent Richhpal held the injured Harisingh by hands. Dhanpat then gave a blow with a weight measuring one Sheer upon the face of Hari Singh and thus broke the teeth of Hari Singh. P. W. 5 Dhanraj, P. W. 6 Hansraj and P W 7 Juhar Mal arrived on the spot and rescued the injured Hari Singh and Harisingh was brought to his house. Hari Singh's father was not at his house and was away at his field. His younger brother was sent to call Hari Singh's father Puran P. W. 1. It appears that Prem Chand P. W. 8 Head Constable-in-charge of the Police Out Post, Fefana, happened to arrive in the village and Puran approached Prem Chand P. W. 8 and informed him of the offences having been committed against his son Hari Singh. Prem Chand recorded the statement of Puran and forwarded it to the Police Station, Nohar with a Constable Mukarabkhan with a request to register a case against the accused respondents. In the meanwhile he himself commenced investigation. Mukarab Khan along with the injured Hari Singh arrived at the Police station by the morning train. The Station House Officer, Nohar registered a case and made an order handing over the investigation to Prem Chand. Injured Hari Singh was initially treated by Satyanand P. W. 4 at the village. Later on, he was sent to the Government dispensary, Nohar. Dr. S. N. Verma P. W. 9 examined him and noticed the fracture of the various teeth. He found grievous injuries on the person of the injured. After investigation the police submitted charge sheet against both the respondents for offences under Sections 325 and 323, Penal Code in the court of First Class Magistrate, Bhadra.

(3.) THE prosecution examined nine witnesses in support of its case. Out of these nine witnesses, Harisingh P. W. 3 is the injured, Dhanraj P. W. S. Hansraj P. W. 6 and Juharmal P. W. 7 are the eye witnesses; P. W. 1 Puran is the first informant. Satyanand P. W. 4 is the 'vaidhya' who initially treated Harisingh and P. W. 9 Dr. S. N. Verma is the medical officer who examined the injured Harisiugb and noticed injuries on his person and P. W. 8 Premchand is the investigating Officer.