(1.) This revision application under Section 397/401 of CrPC has been filed by the applicants against the judgment of conviction and order of sentence dated 19.01.2011 passed by learned Sessions Judge, Seoni dismissing the criminal appeal No.109/2010 and thereby affirming the judgment of conviction and order of sentence dated 16.08.2010 passed by learned Chief Judicial Magistrate Seoni in Criminal Case No.1982/2004 convicting the applicants under Section 325/34 of IPC and thereby sentencing them to suffer imprisonment of one year SI with fine of Rs.500/- each and in default of payment of fine, further SI of 3 months.
(2.) The applicant no.1 Kamta jumped the bail and is not appearing on the dates given to him.
(3.) The contention of learned counsel for the applicants is that looking to the evidence of the injured, offence under section 325/34 IPC is not proved. However, I do not find any merit in this contention. On going through the evidence of injured Matvar Singh (PW1) this Court finds that both the applicants were quarreling with one Veer Singh when this witness intervened both the accused dealt iron rod blow over his right leg resulting into fracture of his tibia bone. The evidence of this witness is corroborated by the evidence of Dr. Prabhakar Sirsam (PW3) who found one abrasion on frontal region of right side of head and a fracture on the right tibia bone. Hence, I am of the view that learned two Courts below did not commit any error in holding that the applicants caused injury to injured as a result of which he sustained fracture on his right leg. Thus, the conviction of applicants under Section 325/34 of IPC is hereby affirmed.