SANJU @ SANJEEV BARMAIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 28.08.2012 passed by the learned Sessions Judge, Seoni in ST. No. 26/2012 whereby the appellant was convicted for the offence punishable under Section 324 of I.P.C and sentenced for one year's rigorous imprisonment with fine of Rs.1000.00 and in default of payment of fine two months rigorous imprisonment was directed.

(2.) THE prosecution case in short is that the complainant Assu @ Ashok was a neighbour of the appellant adjacent to the house situated at Chaman Chowk, Kurai. On 18-10-11 at about 10:00 A.M in the morning, the appellant was thrashing the common wall. The complainant objected and thereafter, the appellant assaulted him by an axe. Co-accused Gyani Barmaiya had also assaulted the appellant by a stick. The complainant Assu @ Ashok was taken to police station,Kurai where he has lodged an FIR. He was sent for Medico-legal examination. After due investigation, a charge-sheet was filed before the JMFC, Seoni who committed the case to the Sessions Judge, Seoni.

(3.) THE Sessions Judge after considering the prosecution evidence acquitted the appellant for the offences punishable under Section 294, 506(B), and 307 read with Section 34 of IPC and convicted him for the offence punishable under Section 324 of IPC and sentenced as mentioned above.