ORDER

1. The appellant has preferred this appeal under section 374(2) of Cr.P.C against the judgment of conviction and order of sentence dated 19.1.1998 passed by ASJ/Special Judge SC/ST (Prevention of Atrocities) Act in S.C.No.58/1997 (State of M.P v. Rajendra Prasad) whereby appellant has been convicted for commission of offence under section 325 of IPC and has been sentenced to 1 year R.I and fine of Rs.1,000/- in default of payment of fine he shall further undergo R.I for 6 months.

2. The prosecution case is that on 22.1.1996, at around 11:45 am, Biharilal Kol, resident of village Bhadra, Pipariya appeared at Police Station AJK, Jabalpur and lodged FIR stating that he is resident of village Bhadra, Pipariya and is an agriculturist. On 21.1.1996 at around 6 PM, his neighbour Rajendra Yadav abused him and asked as to why you have cast wire from his garden (Baadi). At this, he asked him not to abuse, he will remove his wire. When he was removing his wire, Rajendra Yadav again abused him and told that he will not understand and started to beat him by means of lathi causing injuries on his right cheek, left hand wrist, finger, chest, stomach, in the back of neck and in the teeth. At this, when he shouted "save save" Rajendra Yadav is killing him, Shukla ji of Dasraman, his brother Fugga and sister Sukko Bai reached there and pacified the matter. If they would have not reached there, Rajendra Yadav had certainly killed him. Rajendra Yadav threatened him if he approached police station, he will eliminate him. Due to fear, he did not come to police station in the night.

3. On the basis of above narration given by Biharilal P.W-1, an FIR was registered at FIR No.04/1996 of AJK Police Station, Jabalpur for commission of offence under sections 294, 506, 323 of IPC and 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989. Injured Bihari was sent to hospital for examination and thereafter for x-ray. There were fractures in his left ulna, proximal phalanx of ring and little fingers.

4. After investigation, Police filed charge-sheet against appellant accused before ASJ/Special Judge, SC/ST (Prevention of Atrocities) Act, Jabalpur for commission of offence under sections 294, 506, 323 of IPC and section 3(1) (x) of SC/ST (Prevention of Atrocities) Act.

5. The accused pleaded not guilty. His defence is that he had asked Biharilal not tocast wire through his garden. Bihari had beaten him. Bihari has lodged false report against him.

6. In this appeal it is argued by the learned counsel for appellant that learned trial Court has not properly appreciated the evidence of prosecution and defence witnesses. Incident took place almost 26 years back, therefore, if conviction is confirmed, appellant be released after imposing heavy fine.

7. It would be proper to deal with the medical evidence first. Dr. B.S.Chouhan, P.W-4 and Dr. M.M.Agrawal, P.W-6 have been examined. From their evidence, it is proved that injuries found on the person of complainant/injured Bihari are as under :

(i) Lacerated wound 3/4 inch x 1/2 inch, muscle deep right upper elbow.

(ii) Contusion 2 inch x 3/4 inch, diffused swelling around interior post right mid cheek.

(iii) Contusion dark, diffused swelling 3 inch x 3/4 inch interior post about 1/2 inch below injury no.2.

(iv) Deformity in left ring finger.

(v) Multiple dark brown contusion 1 inch x 1/2 inch 2 x 3 inch in zigzag ranging from left forearm to back.

(vi) Multiple contusion dark in zigzag pattern ranging from 3 inch x 1 inch x 1/2 inch on abdomen.

(vii) Contusion multi coloured 2 inch x 8 inch over left scapular region.

(viii) Contusion multi coloured 4 inch x 1 inch over right scapular region.

8. X-ray was advised for injury No.2, 3, 4 and 5. Except injury No. 2, 3, 4 and 5, rest other injuries were simple in nature. Injuries were caused within 24 hours of the examination. Dr. B.S.Chouhan, P.W-4 has proved MLC report Exhibit-P/3 dated 22.1.1996.

9. M.M.Agrawal, P.W-6 has deposed that on 27.1.1996, he