BHUSHAN LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By the judgment under challenge passed on 6/11/2008 by Sessions Judge, Mahasamund, in Criminal Appeal No. 106/2008, modifying the judgment of conviction and order of sentence dtd. 22/8/2008 passed by the Judicial Magistrate First Class, Mahasamund in Criminal Case No. 157/2007, convicting the accused/applicants under Sec. 323/34 and sentencing them to undergo RI for 1 month plus default stipulation.

(2.) Facts of the case, in brief, are that on 12/6/2007 at about 12.30 AM, in village Kukradhih, the work of road levelling was being done by the village Sarpanch namely Jeevan Lal and as the floor of the house of the applicants was coming in the way, it was also required to be removed, which was objected to by applicant Bhushan. It is further alleged that the applicants also abused the village Sarpanch, accused Ude ram caught hold of the hands of the complainant whereas applicant Bhushan assaulted him with lathi causing injuries on head. FIR (Ex.P-1) was lodged by the complainant in Police Station Tumgaon against the applicants and the victim was sent for medical examination. After completion of investigation, charge sheet was filed against them and charge was framed accordingly.

(3.) Learned counsel appearing for the applicants argued that the judgment passed by the trial Court as well as the appellate Court is erroneous and contrary to the law. He further submits that this being the first offece alleged against the applicants, benefit of Proboation of Offender Act may be extended to them, so that the service carrier of the accused Bhushan Lal may be protected. In support of his submission he also placed reliance on Union of India v. State of Bihar,2005 CJ(sc) 1588, Bidhi Chand v. State of Himanchal Pradesh,2018 CJ (HP) 186 and Sukhnandan v. State of M.P.,2002 CJ 94 (Chh). State counsel however, supports the findings recorded by the both the Courts below.