BISHAMBHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision has been preferred under Section 397 read with Section 401 of the Code of Criminal Procedure against the judgment dated 5.12.2006 passed in Criminal Appeal No.37 of 2006 by the 1st Additional Sessions Judge, Mahasamund by which the Learned Additional Sessions Judge has upheld the judgment dated 8.3.2006 passed in Criminal Case No.547 of 2005 by the Judicial Magistrate First Class, Mahasamund convicting the Petitioner under Sections 451 and 323 of the Indian Penal Code and sentencing with simple imprisonment for 2 months and to pay fine of Rs.100/- with default stipulation and with sentence till rising of the Court, respectively.

(2.) Case of the prosecution, in brief, is that on 10.2.2000 at about 5:00 p.m., the accused/Petitioner along with Tikam and Khemin assaulted Complainant Gita (PW-1) with Lathi, hand and fist due to which she sustained injury on her back. Umabai (PW-6) witnessed the incident. On 11.2.2000, Gita (PW-1) lodged First Information Report of the incident in Police Station Mahasamund. Crime No.41 of 2000 was registered. After investigation, a charge-sheet was filed under Sections 294, 448 and 323 of the Indian Penal Code against the Petitioner in the Court of Chief Judicial Magistrate, Mahasamund. Learned Judicial Magistrate First Class, Mahasamund, after receipt of the case on transfer, framed charges under Sections 451 and 323 of the Indian Penal Code against the Petitioner and after trial convicted and sentenced him as mentioned above. In appeal, the Learned Additional Sessions Judge upheld the judgment of conviction and sentence passed by the Trial Court. Hence, this revision.

(3.) Learned Counsel appearing for the Petitioner submits that he confines his argument to the conviction and sentence awarded for the offence under Section 451 of the Indian Penal Code and he does not press this revision against the conviction and sentence awarded for the offence under Section 323 of the Indian Penal Code. Therefore, he prays that the instant revision may be heard and decided against the conviction and sentence awarded for the offence under Section 451 of the Indian Penal Code only. Learned Counsel further submitted that the offence under Section 451 of the Indian Penal Code is, in view of the evidence available on record, not made out against the Petitioner/accused.