JAWAHAR LAL SHRIVASTAVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision petition has been filed against the judgment dated 10.03.2008 passed by the Additional Session Judge, Mahasamund in Criminal Appeal No. 01 of 2006, whereby the learned Additional Session Judge has altered the judgment of conviction and order of sentence dated 21.01.2004 passed by the Chief Judicial Magistrate, Mahasamund in Criminal Case No. 1681 of 2002. Learned Magistrate had convicted the accused/application under Sections 294, 325 and 506(B) but on appeal learned lower appellate Court has acquitted the applicant under section 506 (B) and altered his conviction under Sections 323 IPC from that of 325 IPC and sentencing him to fine of Rs. 200/- under Section 294 IPC, rigorous imprisonment for one year and to pay fine of Rs. 800/- under Section 323 IPC, plus default stipulations.

(2.) Case of the prosecution, in brief, is that complainant Souda Khatun (PW-1) lodged the FIR (Ex.P-7) alleging in it that on 07.07.2002, his brother Mohammad Sajid went to the house of the applicant for recovering the money then the applicant chased his brother upto his shop. On the way, complainant Souda Khatun (PW-1) asked the applicant why he was chasing his brother then the applicant used obscene words and threatened her to kill and gave a club blow on her head and wrist as a result of which the blood was oozing from her head and she sustained injuries in her hand thereafter the applicant ran away from the spot. The complainant (PW-1) was sent to hospital from treatment.

(3.) Having taken note of the material on record the Trial Court convicted and sentenced the applicant as mentioned above which subsequently has been affirmed by the lower appellate Court by the judgment impugned. Hence, this revision.