VIDYADEVI Vs. STATE OF M P

JUDGEMENT

(1.) THE prosecution case, shorn of details and necessary for the disposal of this revision is that police Moghat Road, Khandwa filed a challan against the petitioner and acquitted co -accused Ashwini Kumar for the offences punishable under sections 294, 323 and 506 (Part -II) of the Indian Penal Code. It is alleged that on the date of incident i.e. on 1.6.1989 at about 8 a.m. Smt. Premlata was repairing the fencing in between the plots of her own and that of the petitioner. The petitioner Vidyadevi and her husband Ashwini Kumar showered virulent abuses on Premlata. They also caused hurt to Premlata and intimidated her. Vivek, (PW 1) who is the son of Premlata witnessed the incident.

(2.) CHARGES for the offences punishable under sections 294,323, 323/34 (in alternative) and 506 (Part -II) of the Indian Penal Code were framed by the Trial Court against the petitioner and acquitted co -accused Ashwini Kumar. They abjured their guilt and claimed for trial.

(3.) ON appeal filed by both the accused persons, the conviction and sentence awarded by the Trial Court to the co -accused Ashwini Kumar had been set aside by the learned Sessions Judge by the impugned judgment dated 4.7.1994, maintaining the. conviction and sentence awarded to the petitioner by the Trial Court, which the petitioner has challenged in this revision.