ISHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 8.7.2011 passed by the Sessions Judge, Burhanpur in ST No.68 of 2010 whereby the appellant is convicted for offence punishable under Section 326 of I.P.C and sentenced for three years rigorous imprisonment with fine of Rs.500.00 and in default of payment of fine three months rigorous imprisonment was also directed.

(2.) THE prosecution's case in short is that on 27.8.2010 at about 12.30 p.m in the noon the victim Sanjay went to the house of the appellant to see him because the appellant was sick. A dispute took place for change of a currency note of Rs.5.00 and thereafter, the appellant assaulted the victim Sanjay by an Usthara causing him an injury on his neck. Sanjay was taken to the Nimad Hospital and intimation was given to the Police Station Shikarpura. Dr. Gautamchand (PW7) examined the victim Sanjay. He was admitted in the hospital. One incised wound of size 2" x 1" was found which was muscles deep. His wound was repaired and thereafter he was discharged. A case was registered at Police Station Shikarpura. After due investigation a charge sheet was filed before the JMFC Burhanpur who committed the case to the Sessions Court.

(3.) THE learned Sessions Judge Burhanpur after considering the evidence adduced by the parties convicted the appellant for offence punishable under Section 326 of I.P.C and sentenced him as mentioned above.