BHAIRO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 16/6/2007 passed by the 5th Additional Sessions Judge, Sagar in ST No. 217/2005, whereby the appellant was convicted for commission of offence punishable under Section 326 of IPC and sentenced for two years' rigorous imprisonment with fine of Rs. 500/ -. In default of payment of fine amount, three months' RI was also directed. The prosecution's case, in short, is that on 18.3.2005 the complainant Devendra Singh lodged an FIR before the Police Station Gaur Jhamar District Sagar that on the day at about 7:00 PM in the evening he along with his father and Shankar was coming back to his house situated at Village Rampur (Police Station Gaur Jhamar District Sagar). The appellant Bhairo and other two accused persons restrained them in the way. The appellant Bhairo had an axe, whereas other accused persons had a sword and stick. They assaulted the complainant by such weapons. He could be saved by Shankar and father of the complainant. The complainant was sent for his medico legal examination. After due investigation, a charge sheet was filed before the JMFC Deori, who committed the case to the Sessions Judge, Sagar and ultimately it was transferred to the 5th Additional Sessions Judge, Sagar.

(2.) THE appellant -accused abjured his guilt. He did not take any specific plea but he has stated that he was falsely implicated in the matter. No defence evidence was adduced.

(3.) I have heard the learned counsel for the parties.