LAXMAN SINGH Vs. STATE OF MP

JUDGEMENT

(1.) 28.02.2012 This petition has been preferred against judgment dated 20.03.2002 passed by Sessions Judge Narsinghpur in Criminal Appeal No.20.2009 convicting the petitioner under Section 326/34 IPC sentenced to petitioner No.1 with fine of Rs.500/ only and sentenced petitioner No.2 to 1 year R.I. and with fine of Rs.300/ . Appellate Court has modified the judgment dated 30.01.2002 passed by JMFC Narsinghpur in Regular Case No. 211/98 by which both petitioners have been sentenced to 1 year R.I. and with fine of Rs.300/ .

(2.) FACTS of the case, in short, are that on 14.01.97 at 8:00 a.m. Jamna Prasad (PW 1) was accosted, abused and assaulted by petitioners. Petitioner Sunderlal assaulted a Farsa blow to Jamna Prasad (PW 1) and his fingure was chopped off. In view of the evidence of Jampa Prasad (PW 1), Dr. S.K. Gupta (PW 4) and X ray report Ex.P 5, it remains no longer disputed that PW 1 sustained a grievous injury in fingure of right hand. Fingure got separated from the hand on the spot. Similarly, it has also been proved beyond doubt that petitioner No.1 was also caused injuries to PW 1. I see no perversity and irregularity in appreciation of evidence done by the courts below. Conviction of petitioner under Section 326/34 of IPC is hereby affirmed.

(3.) THE petitioner No.2 Sunderlal is directed to remain present in the trial Court on or before 16th April, 2012 to deposit balance fine amount or to undergo default sentence at the case may be. Petition is allowed in part as indicated above.