SAMBHA Vs. STATE OF M P

JUDGEMENT

(1.) THE applicant has preferred this revision under Section 397 of Cr.P.C. being aggrieved by the judgment dated 29.5.1999, passed by 1st Additional Sessions Judge, Chhindwara in Criminal Appeal No. 15/98 affirming the judgment dated 7.1.1998 passed by JMFC Sausar in Criminal Case No.294/92 convicting the applicant under Section 326 of IPC sentenced for RI three years with fine of Rs.500/- in default of depositing the fine for further six months RI.

(2.) THE facts giving rise to this revision in short are that on 14.6.1992, the complainant/victim Shivlal lodged a first information report at P.S.Bichhua contending that on the date of the incident the present applicant was doing the agricultural work for Soyabin crops on some field. On asking him by the victim not to do such work in such filed in response of it the applicant gave a blow of Axe on his right shoulder, resultantly, he sustained the injuries with bleeding. After registration of offence the victim was sent to the hospital, where on medical examination his MLC report was prepared and advised for x-ray. On carrying out the same fracture of clavicle bone in the sustained wound was revealed. On completion of investigation the applicant was charge sheeted for the offence under Section 326 of IPC.

(3.) SHRI Chandrahas Dubey, learned counsel of the applicant after taking me through the record of the Courts below along with the impugned judgment instead to make any submission on merits holding the applicant guilty for the offence under Section 326 of IPC, has made his limited submission that taking into consideration the factum of compromise between the parties by adopting some lenient view the awarded jail sentence of the applicant be reduced up to the period for which he has already undergone between 29.5.1999 the date of the impugned judgment of the appellate Court till passing the order of suspension of his remaining jail sentence vide dated 11.10.1999 i. e. four months and twelve days and also 32 days for which the applicant was remained injudicial custody in pendency of trial between 24.7.1992 to 26.8.1992 and prayed to allow the revision accordingly.