LAWS(MPH)-1992-9-31

SANJAY TIWARI Vs. HARI KRISHNA KAUL

Decided On September 30, 1992
SANJAY TIWARI Appellant
V/S
Hari Krishna Kaul Respondents

JUDGEMENT

(1.) THIS revision under section 397/401, Criminal Procedure Code, 1973, by the complainant, is against the judgment of acquittal dated 12.8.1987, recorded by First Additional Sessions Judge, Gwalior, in Criminal Appeal No.36 of 1986, preferred against the judgment of conviction and sentence passed on 17.7.1986 under section 323, IPC, by the Additional Chief Judicial Magistrate, Gwalior, in Criminal Case No.2261 of 1985.

(2.) THE prosecution case in brief is thus:

(3.) THIS revision involves a question which may be stated; whether a person charged with an offence under S.324, IPC, can be convicted of an offence under S. 323, IPC, on application of section 222, Cr.P.C.