DINESH Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed on behalf of the applicant/accused under section 397/401 of the Cr.P.C, being aggrieved by the judgment dated 23.8.2011 passed by the Addl.Sessions Judge, Amarwada,Chhindwara in Cr.A.No.251/10 whereby dismissing his appeal, the judgment dated 16.7.2010 passed by the JMFC, Chhindwara in Cr.C.No.518/08 convicting and sentencing him for the offence under section 325 of the IPC with a direction to undergo RI one year with fine of Rs.500/- in default of depositing the fine amount further RI one month, has been affirmed.

(2.) The short facts of the case necessary to adjudicate this revision are that on 5.10.08 one Bisanwati lodged the FIR at Police station Chourai contending that some days before she harvested the corn crops from the field of the applicant at his instance. In that connection, Rs.800/- was outstanding against the applicant and in the morning between 8-9 O' clock when she went to his residence to demand such sum then instead to pay the sum, she was subject to abuse and also beaten by means of stick by the applicant, resultantly she sustained the injuries at below knee of the left leg, both hands, both thighs, palm of the right hand and also at back side. After lodging the report she was sent to the hospital where her medical report was prepared. On carrying out the x-ray in the left leg, the fracture of Tibiafebula bone was revealed. On completion of the investigation, the applicant was charge sheeted for the offence under section 294,323,506 and 325 of the IPC. On framing the charge by the trial court, he abjured the guilt, on which the trial was held. On appreciation of the evidence, he was convicted and sentenced as stated above. On filing the appeal, the same was dismissed, on which, the applicant has come to this court with this revision.

(3.) Shri Rahul Tripathi, learned counsel for the applicant without challenging the findings of the courts below holding conviction against the applicant under section 325 of the IPC, has made his limited submission that considering the age 22 years of the applicant on the date of the offence, also keeping in view his future welfare of the educational career by reducing his jail sentence, he be punished with the jail sentence for which he has already undergone from 23.8.2011 the date of the appellate court judgment till today, by enhancing the amount of fine under the discretion of the court.