BHANDAS Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition has been directed by the applicant against the judgment of conviction and order of sentence passed by the learned Judicial Magistrate First Class, Pawai, District Panna on 27-4-1995 in Criminal Case No. 192/90, convicting the applicant under Sections 452 and 326 of the Indian Penal Code (hereinafter referred to as 'the IPC) and sentencing him under Section 452 of the IPC to suffer for one year rigorous imprisonment and fine of Rs. 100 and under Section 326 of the IPC for two and half years rigorous imprisonment and fine of Rs. 300/-, in default of fine in each offence, to suffer ten days and one month rigorous imprisonment. The judgment of conviction has been maintained and the sentence has been modified to the extent that the applicant has been ordered to suffer one year rigorous imprisonment under Section 326 and six months rigorous imprisonment under Section 452 of the IPC in Criminal Appeal No. 34/95, decided 21-12-1995 by the learned Sessions Judge, Panna.

(2.) IN brief the case of prosecution is that on 3-5-1990, the complainant Sukhlal was taking rest after having his meals, at that juncture, accused/applicant armed with an axe came and dealt certain blows to the complainant. The first blow was given on his hand and the second blow was dealt on the right elbow, as a result of which the complainant screamed and thereafter, Bora, Sukha and Desaiya came to the spot. The accused, on seeing these persons fled from the spot.

(3.) THE complainant Sukhlal lodged the report in the concerning police station and in this manner the criminal law set into motion.