RAMKRISHAN Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 24.8.2013 passed by learned Sessions Judge, Khandwa (M.P.) in Criminal Appeal No.138/2013 thereby affirming the judgment of conviction and order of sentence dated 30.4.2013 passed by learned Judicial Magistrate, First Class, Harsud, District Khandwa in Criminal Case No.360/2007 convicting the applicant under Section 324 IPC and sentencing him to suffer R.I. for 6 months and fine of Rs.200/-; in default of fine further imprisonment of 15 days and further convicting the applicant under Section 341 IPC and sentencing him to suffer simple imprisonment of 1 month and fine of Rs.100/-; in default of fine further imprisonment of 7 days, the applicant has preferred this revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) Learned counsel for the applicant submits that learned two Courts below contrary to the evidence, have convicted the applicant. Hence, by allowing this revision the impugned judgment be quashed and the applicant be acquitted from the charges.

(3.) I do not find any merit in the contention put forth by learned counsel for the applicant. On bare perusal of the statement of complainant Parasram (PW-1) it is gathered that when he was coming home after attending the call of nature the accused stopped him on the way and asked for the compensation amount. The complainant protested, whereupon the accused dealt Axe blow upon him. Specifically this witness has stated that the Axe blow was given on his head, shoulder and leg. The testimony of injured witness PW-1 is corroborated by the FIR (Ex.P-1) and the eyewitness account of Uttar (PW-2) who is son of the complainant. The testimony of the injured witness is also corroborated by medical evidence. Dr. Ashish Raj (PW-4) medically examined the injured and found the injuries on the body of the injured which are mentioned in Ex.P-3, which read, thus:-