(1.) 09/05/2012 This revision has been preferred against the judgment dated 2nd December, 2010 passed by Sessions Judge Sehore in Criminal Appeal No. 167/2010 confirming the judgment of Trial Court passed on 8th September, 2010 in Regular Criminal Case No.393/2004 convicting the petitioners under section 325/34 and 506-II IPC and sentenced them to 6 months R.I and with fine of Rs.200/- for each offence and further convicting them under section 341 IPC and sentenced with fine of Rs.500/-
(2.) FACTS of the case in short are that on 12/12/2004 at about 7.30 PM Babulal (PW-1) was going on motor cycle along with Suman Bai (PW-3) and Tara Bai (PW-5). On the way he was stopped by the petitioners, who were armed with Lathi and was assaulted by them. Babulal (PW-1) sustained as many as 6 injuries on his person. Babulal (PW-1) lodged FIR Ex.P-1 at police station- Icchawar. A case at Crime No. 345/2004 was registered against the petitioners and one Mukesh under section 341, 323, 506, 341 IPC. Babulal (PW-1) was sent to Government Hospital for his medical examination. He was adviced for X-ray.
(3.) CHALLENGING the aforesaid judgment of trial court, appeal was preferred by four accused persons. During pendency of appeal, Babulal (PW-1) submitted comprise petition in favour of one accused Mukesh and he was acquitted of the charges on the basis of compromise. Vide impugned judgment, petitioners have been convicted and sentenced as their appeal was dismissed by the Sessions Court.