GILARI AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) The applicants were convicted for the offence punishable under sections 325/34 and 323/34 of IPC vide judgment dated 24.8.2012 passed by the learned JMFC, Damoh (Shri Arvind Kumar Barla) in criminal case No.3476/2009 and each sentenced for 1 year's rigorous imprisonment with fine of Rs.700/- and 6 months' rigorous imprisonment with fine of Rs.300/- respectively. In criminal appeal No.153/2012 vide judgment dated 12.2.2013, the learned Second Additional Sessions Judge, Damoh partly allowed the appeal. The conviction was confirmed but, sentence for the offence punishable under section 325/34 of IPC was reduced from a period of 1 year's rigorous imprisonment to 6 months' rigorous imprisonment. Being aggrieved with the judgments passed by both the Courts below, the applicants have preferred the present revision.

(2.) The prosecution's case, in short, is that, on 20.11.2009, at about 1 p.m., the complainant Ramrani (P.W.1) was working in her Kachhrawala field, situated at village Lakhni (Police Station Nohata, District Damoh) alongwith her husband Arjun. The applicants went to the field and started quarreling. Thereafter, they assaulted the victim Ramrani as well as the victim Arjun. The victim Ramrani has lodged an FIR, Ex.P/1 at Police Station Nohata. The victims were sent for their medico legal examination to the District Hospital, Damoh. Dr.Ravishankar Prajapati (P.W.6) examined the victims and gave his reports, Ex.P/4 and Ex.P/5 respectively. The victim Arjun sustained 4 injuries, whereas the victim Ramrani sustained 5 injuries. Out of these 5 injuries, one was grave. A fracture of 11th left rib was also found to the victim Ramrani.

(3.) The applicants abjured their guilt. They did not take any specific plea in the matter and therefore, no defence evidence was adduced.