BHANWAR JI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicants Bhanwar Ji and Rajendra @ Rajan were convicted for commission of offence punishable under Section 325 read with Section 34 of IPC and sentenced for two years rigorous imprisonment with fine of Rs.1000/- vide judgment dated 19.8.2011 passed by JMFC Sehore (Shri Ajit Kumar Tirki) in Criminal Case No.1749/2009. In default of payment of fine each of them has to undergo for one month's rigorous imprisonment. In Criminal Appeal No.215/2011 Sessions Judge, Sehore vide judgment dated 19.1.2012 partly allowed the appeal. Conviction was maintained but, the sentence was reduced to one years rigorous imprisonment whereas fine was maintained. Being aggrieved by the judgments passed by both the Courts below the applicants have preferred the present revision.

(2.) THE facts of the case are that on 30.7.2009 in the morning at about 8.00 a.m the complainant Bharat Singh was going on his bicycle from Village Ramjakhedi to Village Khaikheda, Police Station Ahmedpur, District Sehore. His son Anil was following him on bicycle. Near the house of Bhanwar Ji, Bhanwar Ji came from the house with a stick and assaulted the victim Bharat Singh on his head. THEreafter, accused Rajendra @ Rajjan assaulted the victim on his head. Applicants have also told his son Anil that he should run away from the spot otherwise, he would also be assaulted. Bharat Singh had lodged an FIR on the very same day at Police Station, Ahmedpur. He was sent for his medico legal examination. In medico legal examination only two injuries were found on his body. Out of that one was compound fracture of radius and ulna in his left fore arm. After due investigation, a challan was filed before the competent Magistrate.

(3.) HEARD learned counsel for the parties.