SUMERA @ SUMESH Vs. STATE OF M P

JUDGEMENT

(1.) These two revisions are connected with the common judgment passed by the Magistrate Court as well as appellate Court therefore, both the revisions are decided by the present common order.

(2.) The applicants were convicted for the offences punishable under Sections 452, 354 and 323 of IPC vide judgment dated 21.10.2011 passed by the learned J.M.F.C. (Shri Vijay Kumar Sonkar), Katni in criminal case no.1887/08 and sentenced for one year's S.I. with fine of Rs. 1,000/- and six months' S.I. with fine of Rs. 500/-. In criminal appeal no.163/2011, the learned Sessions Judge, Katni vide judgment dated 10.10.2012 partly allowed the appeal and the conviction as well as sentence for the offence punishable under Section 354 of IPC was set aside but the conviction and the sentence for the offence punishable under Section 452 and 323 of IPC were maintained. Being aggrieved with the aforesaid judgments, the applicants have preferred the present revisions.

(3.) The prosecution's case, in short is that, on 7.10.2003 at about 5:00 p.m. in the evening, the prosecutrix (PW-1) was cooking in her house situated at village Juhali [Police Station, Katni District Katni] then, the applicants entered in the house and they held the prosecutrix with evil intention. Thereafter, on the instigation of the applicant Sumera, the applicant Channu gave a slap to the prosecutrix. Thereafter, Yashoda daughter of the prosecutrix came to the spot and therefore, the applicant took the prosecutrix out of the house and assaulted her by the sticks causing various injuries.