RAMKRUSHNA NARAYANRAO IKHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri. Dharmadhikari, learned Counsel for the applicant, and Shri. Loney, learned Additional Public Prosecutor for the respondent.

(2.) THE revision is directed against the judgment and order passed by the Judicial Magistrate, First Class, Wardha is Regular Criminal Case No. 104/1990 whereby applicant is convicted for the offence punishable under Section325 of Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of rupees two hundred, in default to suffer rigorous imprisonment for one month as well as judgment and order passed by the Additional Sessions Judge, Wardha whereby appeal preferred by the applicant is dismissed and findings of conviction and sentence recorded by the trial Court are confirmed.

(3.) IT is vehemently contended by learned Counsel Shri. Dharmadhikar that investigation conducted in the present case is dishonest. Complainant Ramchandra in his cross-examination has categorically deposed that applicant/accused sustained bleeding injury on his head and he went to the Police Station earlier to the complainant. Shri. Dharmadhikari states that there is also evidence of PW6 Dr. Mude on record, which shows that Investigating Agency referred the applicant/accused for medical examination to PW6 Dr. Mude and he examined him and found bleeding injury of 3" x 1/2"x1/2" on his head. IT is contended that it is also not in dispute that there was a counter case initiated against complainant PW2 Ramchandra on the basis of report lodged by the accused. IT is contended that in the present case, accused has raised the plea of right of private defence and since injury which was caused to the accused was on the head, apprehension in his mind that his life is in danger is natural and in order to protect his own person, accused inflicted simple injuries on the person of the complainant, one of them unfortunately resulted into causing fracture. IT is contended that both the Courts below completely overlooked this aspect and recorded finding of conviction, which is unsustainable in law.