MAHESH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21.06.2002 passed by II A.S.J, Indore in S.T.No.13/2002. By the impugned judgment, the appellant has been convicted of an offence under section 324 IPC and sentenced to undergo 2 years RI and to pay a fine of Rs.1,000/- with default stipulation.

(2.) Appellant and another person Jugga @ Yogesh were put up to face trial of offence punishable under section 307/34 IPC on the allegation that on 25.08.2001 they assaulted complainant Anjali (PW/5). The report of the incident (annexure P/6) was lodged in the police station MIG and accused were arrested. After completing the investigation, charge sheet was filed. Accused persons denied the charges. On consideration of the prosecution evidence trial Court found that no offence was made out against co accused Jugga @ Yogesh, therefore, he was acquitted of all the charges. The Court found the appellant guilty of the offence punishable under section 324 IPC only, therefore, he was sentenced as stated herein above.

(3.) The only contention urged is with regard to the quantum of sentence. Counsel for the respondent/State does not oppose this limited prayer.