SHAILENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 5.10.2012 passed by the Sessions Judge, East Nimad, Khandwa in S.T. No.93/12, whereby the appellant was convicted for the offence punishable under Section 325 of IPC and sentenced for six months' R.I. with fine of Rs.2,000.00 and in default of payment of fine one month's R.I.

(2.) THE prosecution's case, in short is that, on 27.6.2012 at about 8:45 p.m. the complainant Dhyana was sitting in front of his house on a cot at village Bamangaon (Police Station Javar, District Khandwa). The appellant was his grandson, who started some quarrel because of family partition. Thereafter, he assaulted the complainant Dhyana causing him some injuries. The victim Dhyana was taken to the Police Station Javar, where he had lodged an FIR Ex.P/5. He was directed for his medico legal examination and x-ray examination. After due investigation, a charge sheet was filed before the J.M.F.C. Khandwa, who committed the case to the Sessions Court, Khandwa.

(3.) THE learned Sessions Judge after considering the prosecution's evidence acquitted the appellant from the charges of the offences punishable under Sections 294, 506 part-II and 326 of IPC, but convicted him for the offence punishable under Section 325 of IPC and sentenced as mentioned above.