GHASIRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this revision, the applicants has challenged legality and propriety of the judgment dated 29.1.2011 passed by the 5th Additional Sessions Judge, Bilaspur in Criminal Appeal No.138/2010, modifying the judgment of conviction and order of sentence dated 7.12.2010 passed by the Judicial Magistrate First Class, Bilha in Criminal Case No.1401/2008, whereby learned Judicial Magistrate First Class has convicted the applicants under Section 325/34 of the I.P.C. and sentenced them to undergo R.I. for six months and to pay fine of Rs.1000/-, in default of payment of fine to further undergo R.I. for one month. Same was modified by the appellate Court and while maintaining the conviction appellate Court has modified the sentence from R.I. for six months and fine of Rs.1000/- to R.I. for three months and pay fine of Rs.1000/-.

(2.) As per case of the prosecution, on 16.5.2006 at about 5.30 a.m. both the applicants have caused injury to complainant Vijay Kumar (PW-1) and caused fracture of base of 2nd metacarpal bone of left hand. F.I.R. was lodged, he was examined by the doctor and finally charge sheet was filed. After providing an opportunity of hearing to the parties, learned Judicial Magistrate First Class, Bilha has convicted & sentenced the applicants as aforementioned. Same was challenged before the 5th Additional Sessions Judge, Bilaspur in Criminal Appeal No.138/2010. Learned 5th Additional Sessions Judge while maintaining the conviction of the applicants has modified the sentence as aforementioned.

(3.) I have heard learned counsel for the parties, perused the judgment impugned and records of the Courts below.