AJAB SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicants were convicted vide judgment dated 8.8.1997 passed by the learned Chief Judicial Magistrate, Chhindwara in criminal case No.4049/1988 for the offence punishable under section 326 of IPC and sentenced for 2 years' rigorous imprisonment with fine of Rs.1,000.00 upon each of the applicants. In criminal appeal No.124/1997 vide judgment dated 23.12.1998 passed by the learned Third Additional Sessions Judge, Chhindwara, the appeal filed by the applicants was dismissed in toto. Being aggrieved with the judgments passed by both the Courts below, the applicants have preferred the present revision.

(2.) THE prosecution's case, in short, is that, on 22.9.1988, at about 8.30 p.m. in the evening, the complainant Chunnalal (P.W.1) had visited the house of his relative at Chandnaka, Chhindwara. Suddenly, the applicant Ajab Singh reached to the spot and assaulted the victim by a knife, causing him injuries on his abdomen and shoulders. Rambharose (P.W.3) went to save the victim then, the applicant Ajab Singh also assaulted him on his abdomen. The applicant Bachhumal was helping the accused Ajab Singh in assaulting the victims. Chunnalal went to the police station and lodged an FIR, Ex.P/1 at Police Station Chhindwara. Both the injured persons were sent for their medico legal examination. Dr.Sushil Rathi (P.W.5) examined the victims Chunnalal and Rambharose and gave his reports Ex.P/8 and Ex.P/10 and they were admitted in the hospital. After due investigation, a charge-sheet was filed before the Chief Judicial Magistrate, Chhindwara.

(3.) THE learned Chief Judicial Magistrate, after considering the evidence adduced by the parties, convicted and sentenced the applicants as mentioned above, whereas, the appeal filed by the applicants was dismissed in toto.