KANWARLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") is directed against the judgment dated 06/11/2019 passed by Second Additional Sessions Judge, Agar, District Shajapur in Cri. Appeal No.45/2018, wherein the learned Judge dismissed the appeal by affirming the judgment of conviction and sentence passed by Judicial Magistrate First Class, Agar District Shajapur dated 15/02/2018 in Criminal Case No.1864/2015, convicting the applicant for offence under Section 325 of IPC, 1860 and sentenced to undergo 1 year R.I, with a fine of Rs.500/- and usual default stipulation.

(2.) Brief facts leading to filing of the case are that on 29/10/2015 at about 9.00 am complainant-Kalabai was in her house. At that time the applicant was going through her house, then the complainant stopped him and demanded her wages for the work done by her. The applicant refused to pay her wages and started hurling abuses upon her, on being stopped by the complainant he started assaulting her by wooden stick. Complainant raised alarm then her daughter came to the spot to rescue her mother. Thereafter the applicant threatened to kill the complainant if she demanded her wages and left the spot. Complainant lodged a complaint at Police Station Kanad, Agar, District Shajapur. On the basis of which Police registered FIR bearing Crime No.297/2015 for offence under Sections 323, 294, 506 of IPC, 1860. Complainant was sent to hospital for medical examination.

(3.) During investigation Police reached the spot and prepared spot map, recorded the statement of the witnesses, arrested the applicant and recovered one bamboo stick from his possession. From X-ray report, fracture was found in the right shoulder of complainant, therefore, police also added offence under Section 325 of IPC, 1860 against the applicant. After completion of investigation, charge-sheet was filed against the applicant for offence under Section 294, 325 and 506 of IPC, 1860.