GORELAL Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER Gorelal alias Gulla son of Kalua aged about 28 years resident of village Kheriya Police Station Tikamgarh has preferred this revision against the judgment dated 13.9.1988 passed by Additional Sessions judge, Tikamgarh in Criminal Appeal No. 59186 confirming the conviction and sentence of R.I. for six months and a fine of Rs. 500/ - and in default R.I. for two months under section 325 IPC awarded by the C.J.M., Tikamgarh in Criminal Case No. 656/85 decided on 26.5.86. 2. According to the prosecution, the complainant Shiv Dayal Dixit had to recover Rs. 200/ - from the accused/petitioner over which there was some dispute. On the day of the incident i.e. on 4.7.85, the complainant was assaulted by the petitioner with a lathi causing fracture of the ulna bone. The petitioner Gorelal along with accused Tijua were prosecuted by the police. In appeal, Tijua was acquitted but the conviction and sentence of the present petitioner Gorelal under section 325 IPC was maintained.

(2.) . Held: After perusal of the record and also the judgment of the trial Court as well as the appellate Court, it cannot be said that the Courts below have committed any illegality in finding the present petitioner Gorelal guilty of the offence u/s 325 IPC On facts both the trial Court as well as the Appellate Court have found the petitioner Gorelal guilty of the offence u/s 325 I.P.C. I see no reason to differ. However, as regards sentence, from a perusal of the -record it appears that there was some dispute over recovery of the amount of Rs. 200/and that some incident had also taken place in the morning about which a report had been lodged by the present petitioner Gorelal which was also proved during the trial and further looking to the fact that the petitioner Garelal was also in the employment of the complainant Shiv Dayal the sentence awarded appears to be rather harsh and the sentence of R.I. for six months is reduced to R.I. for 3 months and the sentence of fine is also reduced from Rs. 500/ - to Rs. 200/ - only. Revision partly allowed.