STATE OF MADHYA PRADESH Vs. ANIL KUMAR

JUDGEMENT

(1.) ON behalf of the appellant -State of M.P., this appeal is preferred under Section 378(3) of Cr.P.C. being aggrieved by the judgment dated 18.9.1995 passed by Judicial Magistrate First Class Balaghat, in Cr. Case No. 14/94 whereby, the respondent herein has been acquitted from the charge of Section 324 of I.P.C.

(2.) THE facts giving rise to this appeal in short are that, on dated 13.6.1990, at about 7 O'clock on account of previous enmity some quarrel took place between victim/complainant Dhannulal and the respondent -Anil Kumar in which some beating had also taken place and during such incident, the respondent caused the injury on the right arm of the victim by his teeth. On lodging the report at Police Station Kirnapur, the offence of Section 324 of I.P.C. was registered against the respondent. Thereafter, the victim was sent to the hospital where his MLC report was prepared according to which, some contusions 3'x3' cm was found on the right arm of such victim/complainant as the injury was caused by the teeth. So on completion of the investigation, the respondent was charge -sheeted for the offence of Section 324 of I.P.C.

(3.) ON evaluation of the charge -sheet, a charge of the aforesaid Section was framed against the respondent. He abjured the guilt on which the trial was held in which as many as five prosecution witnesses including victim Dhannulal, his parents mother and father were examined. On appreciation of the same, the respondent was acquitted from the alleged charge on which the State has come to this Court with the petition for grant of Leave to Appeal against such acquittal and same was allowed and this matter has been registered as Criminal Appeal.