STATE OF MADHYA PRADESH Vs. RAMBHAROSE

JUDGEMENT

(1.) Delay, as pointed out by the Office, is hereby condoned. Heard on admission.

(2.) This application for grant of leave to appeal has been preferred under Section 378(3) of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment dated 30/7/2010 passed by I Additional Sessions Judge, Harda, in Sessions Trial No. 48/09, whereby respondent Rambharose, though acquitted of the offences punishable under Section 294 and 326 of the Indian Penal Code (for short "the IPC") has been convicted under Sections 452, 506, 323 and 324 of the IPC.

(3.) Prosecution case, in brief is that, on 27/5/09 at 9.30 a.m., respondent not only filthily abused complainant Mukesh, but also trespassed into his house and assaulted his father Shobharam and him with an Axe. At this juncture, Arvind, Sohanlal, Gangaram and Ramdayal, reached at the spot and intervened. Thereafter, respondent, while threatening to kill, fled from the spot. Dehati Nalishi (Ex. P/1) was recorded at the instance of Mukesh upon which Crime was registered and after investigation, charge-sheet was filed.