KALIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicants were convicted for the offence punishable under section 325/34 and 323/34 of IPC and each sentenced for 3 years rigorous imprisonment with fine of Rs.500/- and 6 months rigorous imprisonment with fine of Rs.500/- respectively by the learned JMFC (Shri Amit Ranjan Samadhiya), Amarwada, District Chhindwara in criminal case No.974/2010 vide judgment dated 20.6.2012. In criminal appeal No.224/2012 vide judgment dated 13.2.2013, the learned Second Additional Sessions Judge, Amarwada, District Chhindwara dismissed the appeal in toto. 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 26.11.2010, the complainant Santosh had lodged an FIR, Ex.P/1 at Police Station Harai, District Chhindwara that he was having agricultural land at village Surli (Police Station Harai, District Chhindwara). On 26.11.2010, at about 9 p.m., the applicants went to the house of the complainant Santosh and demanded their share in the agricultural land. When Atarwati Bai, mother of the complainant Santosh denied for giving any share then, they started abusing her and thereafter, they assaulted the victim Santosh by sticks. Thereafter, when Atarwati Bai tried to save the victim Santosh then, the applicants assaulted her also. The victims Santosh and Atarwati Bai were sent for their medico legal examination. It was found that the victim Atarwati Bai sustained a fracture in shaft of radius and ulna bone in the left forearm. After due investigation a charge-sheet was filed before the competent Court.

(3.) THE learned Judicial Magistrate First Class, Amarwada, after considering the evidence adduced by the parties, convicted and sentenced the applicants as mentioned above, whereas, the appeal filed by the applicants was dismissed in toto.