MANOJ KUMAR TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) The Judicial Magistrate First Class, Panna (Smt. Siddhi Mishra) vide judgment dated 20.1.2011 passed in Criminal Case No.449/2008 convicted the applicant for commission of offence punishable under Sections 341 and 323 of IPC and sentenced for one month's rigorous imprisonment and three months' rigorous imprisonment with fine of Rs.500/- respectively. Default sentence was also imposed of one month's rigorous imprisonment. In Criminal Appeal No.25/2011, the Sessions Judge, Panna confirmed the judgment of the learned JMFC, Panna and dismissed the appeal vide judgment dated 9.9.2011. Being aggrieved with the judgments of both the Courts below, present criminal revision is preferred by the applicant.Cr.R.No.1642/2011

(2.) Prosecution case, in short, is that on 25.4.2008 at about 6:30 PM the complainant Shivshankar Soni R/o Bahirasar, Police Station Gunor District Panna was detained by the applicant and one Dipu Tiwari assaulted him. The applicant also assaulted the complainant Shivshankar Soni by electrical wire on his back and also his finger was crushed with the help of plier. The complainant had lodged the FIR at Police Station Gunor. He was sent for his medico legal examination After due investigation, challan was filed before the competent Magistrate.

(3.) The applicant-accused abjured his guilt. He did not take any specific plea, but has stated before the trial Court that he was falsely implicated in the matter. No defence evidence was adduced.