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1978 DIGILAW 602 (MP)

Ganiram Netam v. Surendranath Chaturvedi

1978-08-11

N.C.DWIVEDI

body1978
Short Note : 1. The Chief Judicial Magistrate recorded the evidence of the complainant, Shivcharan, Warder and Kamalsingh, Head Warder of the jail. After scrutinising the evidence, he felt that there was no sufficient ground for proceeding ahead and, therefore, dismissed the complaint, under section 203 of the Cr. P.C. The complainant, feeling aggrieved, has filed this revision. 2. It will be pertinent to mention that the incident took place on 22.4.1974, there was no written complaint to the Jailor and the Superintendent Jail and no complaint was lodged at the police station. Though there were injuries on the person of the applicant who was examined by Dr. Tiwari of Maharani Hospital and thereafter by a Dr. of D.K. Hospital, Raipur, yet neither of these two Doctors was examined, nor their injury reports were produced on record. 3. According to the evidence of Shivcharan (PW-2), the non-applicant No. 1 had called the complainant and both of them had slapped him, then the serious damage to the ear and parietal region, as mentioned in the complaint, could not have occurred. Besides, there is no corroboration to the statement of the applicant, because the Jail Officers and the Doctors were not examined. 4. Kamalsingh (PW-3), Head Warder, denied that he had seen the two non-applicants assaulting the complainant. Thus this witness also did not support the complainant on the theory of beating. Revision dismissed.