MUNNA @ DILIP YADAV Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal u/s. 374 (2) of Cr.P.C. being aggrieved by the judgment dated 24.11.1998 passed by Special Judge, Seoni in Special Case No.11/1997 whereby convicted appellant u/s. 366 r/w. 511 and 354 of IPC and sentenced to undergo R.I. for 3 years and R.I. for six months respectively.

(2.) Briefly the facts of case are that on 27.2.1997 at 7 p.m. Sushila Bai the prosecutrix went for natural call with Nani Ratto Bai in village Madai. At that time appellant alongwith other accused persons came there forcefully asked her to sit in jeep and thus she shouted, people gathered there. Accused Prabhat assaulted one Kishan by lathi on head. The prosecutrixt on the same day lodged the report.

(3.) Learned counsel for the appellant submitted that appellant has remained in custody from 1.3.1997 to 28.3.1997 i.e. 28 days.