RAJESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant.

(2.) In this case, the prosecution was launched against the applicant for having committed offence under Section 326 of the Indian Penal Code, 1860. The incident was said to have taken place on the day of Holi festival, when the applicant allegedly gave blow with a stick to the complainant (respondent No.2 herein). The said respondent suffered an injury on his thumb. Upon the trial being conducted, the Judicial Magistrate First Class, Katol, found the applicant guilty of having committed offence under Section 326 of the Indian Penal Code, 1860 and sentenced him to suffer rigorous imprisonment for two years and to pay fine of Rs.2,000/-.

(3.) Aggrieved by the same, the applicant filed an appeal, which was only partly allowed by the Sessions Court at Nagpur. While maintaining the conviction of the applicant, the Sessions Court reduced the sentence to four months rigorous imprisonment.