HARIRAM RAIKWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS Criminal Revision under Section 397/401 of Code of Criminal Procedure has been preferred by the applicants being aggrieved by judgment dated 24.9.2001 delivered by Third Additional Sessions Judge, Sagar (Camp Rehali) in Criminal Appeal No. 68/2001 whereby conviction and sentence recorded vide order dated 13.3.2001 passed by Judicial Magistrate First Class, Rehali in Criminal Case No. 79/96, was affirmed.

(2.) FACTS, in short, giving rise to this revision petition are that on 4.1.1996 at about 2.00 O'clock, when applicants were digging a pit near the way of complainant Sukhram, Sukhram and his brother Panche told them not to dig the pit. At this juncture, applicants Hariram Raikwar and Arjun Raikwar assaulted the complainants. Arjun assaulted Panche by means of an axe whereby he sustained injury on his head and Hariram assaulted Sukhram by a Tabel whereby he sustained injury on his right hand. On making hue and cry, other witnesses like Shivnarayan, Moolabai and Phoolrani were came over there, the applicants fled away from the spot of the incident. A report was lodged at police station Garhakota by the complainant.

(3.) BEING aggrieved to aforesaid judgment dated 13.3.2001, applicants filed the appeal before the Third Additional Sessions Judge, Sagar (Camp Rehali), who dismissed the appeal and affirmed the conviction and sentence recorded by the Judicial Magistrate First Class vide judgment dated 24.9.2001. Hence this revision petition.