The main legal point established is the requirement for credible evidence and corroboration in proving the nature of injuries and the exercise of the right of private defence.

JUDGEMENT

In this criminal appeal, the judgment passed on 29.4.2006 by Second Additional Sessions Judge, Sidhi, in Sessions Trial No.68/2005 has been challenged whereunder all the four appellants were convicted for the offence of Section 324/34 IPC for causing injury to Satyawati and under Section 323/34 (on three counts) IPC for causing injuries to Munni Devi, Ajay and Ramvishale.

They were sentenced to one year rigorous imprisonment and fine of Rs.500/- for the offence of Section 324/34 IPC and rigorous imprisonment for six months and fine of Rs.200/- under individual counts of Section 323/34 IPC. For every default of payment of fine, they were sentenced to two months additional rigorous imprisonment.

2. Brief facts of the case are that Tulsi, who was also charge-sheeted along with appellants but was acquitted by the trial court, is the elder brother-in- law of complainant Munni Bai; their families live nearby; on 16.4.2005 i.e. the date of incident, there was a programme arranged in the house of Tulsi regarding the last rites of his mother, but complainant Munni Bai and her family were not invited in that programme despite being close relatives; for this reason and also on account of a land dispute, appellant Babulal engaged in a dispute with complainant Munni Bai; he started giving her filthy abuses and upon objection of complainant, Munni Bai, he assaulted her with lathi causing injuries; the mother-in-law of Munni Bai, namely Satyavati, came there and intervened but she too was attacked with a hard and sharp weapon by Babulal;

she became unconscious; the younger brother-in-law of Munni Bai, namely Shravan Kumar, Ajay Jaiswal and Ram Vishale came there but they all were attacked with lathis and other weapons; Jagdish and Hanslal saw the incident and intervened; the matter was reported by complainant Munni Bai at 9:00 p.m. on the date of incident; after investigation, the charge-sheet was filed and the trial followed. By the impugned judgment, the appellants were convicted and sentenced as aforesaid.

3. The grounds raised in this criminal appeal are that no case of Section 324/34 IPC is made out against the appellants on the basis of evidence available on record; the independent witnesses failed to support the prosecution story;

the medical evidence of Dr. C. L. Singh (P.W.1) is also relevant here; the police statement of injured Satyavati has failed to disclose in which part of the body, she sustained injuries; similarly, police statement of complainant Munni Bai is also silent on this fact; the statements of prosecution witnesses, namely Munni Bai (P.W.2), Satyavati (P.W.3), Ajay Kumar (P.W.4) and Ram Vishale (P.W.6) are full of contradictions, omissions and improvements, therefore they are not reliable witnesses and still the trial court relied upon their testimony; the charge of Section 307/34 IPC was not found proved and despite this, the trial court erred in holding the appellants guilty of the offence of Section 324/34 IPC. It is, therefore, prayed that the appellants should be acquitted or least they should be given the benefit of Section 360 Cr.P.C., and the appeal should be allowed.

4. State has strongly opposed the appeal on the ground that the finding of trial court is based upon proper appreciation of facts, evidence and law, hence no interference is warranted.

5. Arguments on behalf of State have been heard, while the appellants failed to appear on the date of final hearing. The record of trial court has been perused.

6. Appellants in this case have been convicted under three counts of Section 323/34 IPC and one count of Section 324/34 IPC. According to prosecution, appellants caused simple injuries to Munni Bai, Ajay and Ram Vishale with hard and blunt object and caused simple injury to Satyavati with hard and sharp object. It is claimed that the weapon used to cause injury to Satyavati was tangi and appellant Babulal caused injury with this weapon on the forehead of Satyavati. Interestingly, the tangi se