DEVI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) JMFC, Sehore vide judgment dated 20/10/1993 in Cr. Case No. 552/91 convicted the applicant-accused persons under Section 325/34, Indian Penal Code and sentenced to undergo RI for a period of one year and to pay fine of Rs.300/-, in default to suffer SI for a period of one month in Criminal Appeal No. 123/93 arising out of the said judgment. ASJ, Sehore vide judgment dated 26/5/1994 maintaining the conviction directed the applicant-accused persons to undergo RI for a period of six months and also to pay fine of Rs. 300/-, in default to suffer SI for a period of one month under Section 325/34, Indian Penal Code.

(2.) This revision under Section 397 of Criminal Procedure Code is directed against the aforesaid judgment dated 26/5/1994 passed by ASJ, Sehore.

(3.) Facts in brief are on 23/3/1991, Devkaran was assaulted by the applicants-accused Devi Singh and Dev Singh on the disputed land at village Shahpura PS Ichhawar, District Sehore Applicants- accused Dev Singh and Devi Singh were armed with Farsi and Vallam. They inflicted injuries to the complainant Dev Karan who was taken to the Police Station by Udai Singh. Report (Ex. P1) was lodged and Dev Karan was sent for the medical examination. As per Medical Report (Ex. P 10) lacerated wounds alongwith fractures of bones on both the hands were found. Accordingly, the applicants-accused persons were charge sheeted under Section 325/34, Indian Penal Code relying upon the statement of P.W. 2 Dev Karan, the MFC recorded finding that P.W. 2 Dev Karan was beaten by the applicants-accused persons with farsi and vallam. Accordingly, they were convicted under Section 325/34, Indian Penal Code. In Criminal Appeal No. 123/93, the aforesaid finding was maintained however the applicants accused were sentenced to undergo RI for a period of six months and to pay fine of Rs. 300/- in default to suffer SI for a period of one month. It is argued in this revision petition that the courts below have over looked the facts that P.W. 2 Dev Karan unlawfully entered in the field in possession of the applicants accused persons and tried to remove the crops. Accordingly right of private defence was available to the accused applicants persons and that the accused-applicant Devi Singh had not inflicted any injury to the complainant Dev Karan.