BHAIYA SINGH Vs. STATE OF MP

JUDGEMENT

(1.) THIS criminal revision under section 397 read with section 401 of the Code of Criminal Procedure is directed against the judgment dated 23.3.2001 delivered in Criminal Appeal No. 87/99 by Special Judge under the S.C. and ST. (Prevention of Atrocities) Act. 1989. Satna whereby the judgment of the learned trial Magistrate convicting the applicant under section 325. IPC was continued but the sentence awarded to him under section 326/149. IPC was set aside.

(2.) THE only point that has been argued by the learned senior counsel for the applicant is that so far as Bhaiya Singh is concerned, the evidence on record does not disclose that he had committed the crime under section 325 IPC. It is argued that in the FIR the name of the applicant was mentioned stating that he was present at the spot and it appears that he has not taken any part in the crime.

(3.) IN cross examination in paragraph 9 this witness was unable to explain why did he not mention to the Police that Bhaiya Singh had given him a lathi blow. The relevant police statement was also pointed out to the Court showing that name of Bhaiya Singh is not mentioned in the statement.