VIJAY KANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Initially the charge was framed against the accused/applicants under Sections 294, 323 and 506/34 IPC. The allegations against the accused/applicants are that on 11.10.2011 as they wanted to white wash their house, they asked the complainant (PW-1) to remove the bamboo fencing erected on the spot. As the complainant did not agree for removal of the said fencing and asked the accused/applicants to come from other side, the accused/applicants started filthily abusing her and also threatened her of being killed in case she remained armament in her stand. Accused/Vijay is also alleged to have caused an injury on the right thumb of the complainant with the help of a split wooden peace which had also bled. The other accused is thereafter alleged to have dismantled the bamboo fencing.

(2.) Though two eye witnesses Hirdaylal (PW-2) and Banwari (PW-4) are said to have seen the incident yet they have not supported the case of the prosecution and they have turned hostile. Dr. Suchita (PW-3) who medically examined the complainant has stated that she noticed a abrasion measuring half inch on her right thumb and she was also complaining pain on her left hand. The report (Ex. P-4) given by the doctor also mentions that the injury could also be self inflicted.

(3.) Learned Magistrate vide judgment dated 01.04.2013 acquitted both the accused/applicants of the charge under Sections 294 and 506/34 IPC but at the same time convicted them under Section 323 IPC and imposed the sentence of payment of fine of Rs. 400/- each, plus default stipulation. Learned lower Appellate Court also affirmed the same vide impugned judgment dated 14.02.2014. Hence this revision.