SAHDEV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision has been preferred by the applicant against the judgment dtd. 21/10/2010 passed by learned 1st Additional Sessions Judge, Mahasamund (C.G.) in Criminal Appeal No. 53/2010, arising out of judgment and conviction dtd. 23/1/2010, passed by learned Judicial Magistrate First Class, Saraipali (hereinafter referred to as 'JMFC'), District Mahasamund (C.G.) in Criminal Case No. 666/2008.

(2.) According to the case of prosecution, on 26/10/2008, at about 8:30 AM, when Smt. Narsingh Bai was doing housework, at that time, her friend namely Tapaswani came there and demanded Datun from her, then she said 'Societywala Ledga Teli' is not giving rice, at that time one Mahadev reached there and told Narsingh Bai that why you abusing my brother as 'Societywala Ledga Teli', and assaulted her by stone, due to that she sustained injuries on her hand. Meanwhile, Manbodh, brother-in-law of the prosecutrix also reached there and tried to intervene but, he was also assaulted by the applicant with stick due to that he also sustained injuries. The matter was reported by the complainant. On the basis of said report, offence has been registered against the applicant.

(3.) After completion of investigation, a charge-sheet has been filed before the learned JMFC. Learned JMFC vide its judgment dtd. 23/1/2010, convicted the applicant/accused for the offence punishable under Sec. 325 of the IPC and sentenced him rigorous imprisonment of 2 years with fine of Rs.500.00, with default stipulation. Against the said judgment of learned JMFC, a criminal appeal has been preferred by the applicant/accused. Vide impugned judgment dtd. 21/10/2010, the Appellate Court affirmed the conviction, however, reduced the jail sentence from 2 years to 1 month and increased the fine amount from Rs.500.00 to 2000/-. Hence, this revision.