BABBU BAIGA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and order of sentence dated 13/07/2017 passed in Criminal Case No.1980/2014 by the Court of JMFC thereby convicting the applicant under Section 325 of IPC and sentencing him to undergo one year RI along with fine of Rs.200/- with default stipulation which had been affirmed in Criminal Appeal No.18/2012 by learned Sessions Judge, Umaria vide judgment dated 13/08/2019.

(2.) The case of prosecution against the applicant, in short, is that applicant-Babbu Baiga was talking with two other persons, at that time victim child Ku. Shanu (PW-2) who was coming to her home after answering call of nature, stood near the house of applicant-Babbu Baiga. However, on seeing Ku. Shanu, applicant in an abusive language said her that why she is hearing chat. Thereafter applicant slapped and pushed Ku.Shanu, resultantly she fell down on ground and received injuries on the left hand. She narrated the whole incident to her mother Prembai (PW-1). When Prembai (PW-1), mother of victim Ku.Shanu, complained the same to applicant- Babbu Baiga, he again uttered filthy languages, then Prembai (PW-1) lodged FIR (Ex.P/1) against the applicant, which was recorded by Santosh Jhariya, ASI (PW-6). Injured Ku.Shanu (PW-2) sent for medical examination and Dr. V.K. Jain (PW-4) examined her injuries and found fracture in radius and ulna bone. Investigation conducted by Balendra Pratap Singh (PW- 11) and Man Singh (PW-7). After investigation, charge sheet came to be filed.

(3.) Learned trial Court after framing the charge recorded the evidence of both the parties. In examination under Section 313 of the Code of Criminal Procedure, 1973, the applicant pleaded that he is innocent and he has falsely been implicated in the case. Learned trial Court after hearing both the parties, delivered judgment dated 13/07/2017 thereby convicted the applicant for the offence punishable under Section 325 of IPC and sentenced him to undergo one year RI along with fine of Rs.200/- with default stipulation. The applicant preferred an appeal against the conviction and sentence registered as Criminal Appeal No.18/2017. Learned appellate Court vide judgment dated 13/08/2019 while dismissing the appeal affirmed the conviction and sentence passed by the trial Court.