KALU Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition is filed under Section 397 r/w 401 of the Cr.P.C. by petitioner Kalu being aggrieved by the order dated 18/1/2013 passed by the learned Sessions Judge, District Dhar in Criminal Appeal No. 267/2012, whereby the petitioner has been convicted for offence under Section 325 of the IPC and sentenced to undergo two years' rigorous imprisonment with fine of Rs.500/ In case of default, the petitioner was go undergo additional one month's rigorous imprisonment.

(2.) Brief facts necessary for the elucidation are that on the date of incident i.e. on 27/7/2007 at about 2.00 p.m. the petitioner Kalu along with coaccused Shyam and Shardabai was grazing the cattle near the filed of complainant Santosh. When Santosh raised objection, the accused persons assaulted the complainant. Accused petitioner Kalu had beaten him by a knotted rope, due to which he received injury on his left eye and the coaccused persons had beaten the complainant by wooden sticks, due to which he received injuries on the head and back. Thereafter a report was lodged in the police station and the investigation was launched and accused was arrested. On completion of the investigation, the accused was duly charged for offence under Section 325 of the IPC and put to his trial.

(3.) On committal, the accused abjured his guilt and stated that he has been falsely implicated in the matter.