SUKHNANDAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this revision the judgment under challenge is dated 03.09.2009 passed by Sessions Judge Mahasamund in Criminal appeal No. 30/2009. The conviction recorded by the trial Court has been maintained but there is some modification as far as sentenced part is concerned.

(2.) Facts of the case, in brief, are that on 04.06.2007 when complainant Mahendra (PW-1) was conversing with PW-2 and PW3 near a liquor shop, the accused/applicant herein came there and started abusing PW-1 branding him as thief of his oxen. The accused/applicant is alleged to have scuffled with PW-1, beaten him with hand and fist and dashed him on the ground, on account of which he sustained some bleeding injuries. After making the report Ex. P-1, PW-1 was medically examined and after completion of investigation charge sheet was filed.

(3.) Learned Magistrate convicted the accused/applicant under Sections 294 and 325 IPC and sentenced him to pay fine of Rs. 100/- under Section 294 and RI for two years under Section 325 IPC. Learned lower appellate Court in appeal however, maintained the conviction, sentence under Section 294 but reduced it from RI for two years to RI for six months under Section 325 IPC. Hence this revision.