TORAN SINGH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by the judgment dated 10-8-2010 passed by Additional Sessions Judge, Guna in Cr. A. No. 160/09, whereby the judgment dated 16-4-09 passed by JMFC, Radhogarh in Criminal Case No. 992/08, whereby the petitioners were convicted for the offence punishable under Section 148 of IPC by sentencing them to undergo one year and fine of Rs. 100/- each, under Section 326/149 of IPC by sentencing them to undergo three year and fine of Rs. 500/- and under Section 447 of IPC fine of Rs. 200/- was imposed, was confirmed, present revision petition has been filed.

(2.) Case of the prosecution was that on 10-9-1996 at about 1.00 p.m. when the complainant Imratsingh was in his hut, at that time petitioners armed with lathi, farsi and axe came there and assaulted the complainant, with the result complainant sustained grievous injuries. Upon the complaint; case was registered against the petitioners. After framing of charges and also after recording of evidence the offence was found proved and petitioners were convicted as stated here-inabove. An appeal was preferred against that order which was dismissed, hence this revision petition.

(3.) Learned Counsel for the petitioners argued at length and submits that petitioners have convicted illegally while petitioners have not committed any offence. Learned Counsel further submits that the learned Courts below committed error in not properly appreciating the evidence which resulted incorrect judgment and is liable to be set aside in this revision. It is submitted that the learned Courts below committed error in not considering that material omissions and contradictions appearing in the testimony of the prosecution witnesses. Learned Counsel submits that the conviction and sentence be set aside.