KAMLUDDIN Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been filed under Section 397 r/w S.401 of the Cr.P.C. being aggrieved by the judgment dated 19/06/2012 passed by III Additional Sessions Judge, Ujjain in Criminal Appeal No.151/2013, whereby the petitioner was convicted for offence under Section 324 of the IPC and sentenced to undergo six months R.I. with fine of Rs.200/-.

(2.) Brief facts necessary for elucidation are that on the date of incident, complainant Ajhar went of the police station and lodged a report against his uncle Kamaluddin (present petitioner) that from his house the pumping motor was thrown by his uncle and when he enquired as why he did so, he abused him in filthy language and asked him to stop doing so. The petitioner assaulted the complainant by knife due to which complainant sustained grievous injuries. Upon the complaint of the complainant, case was registered against the petitioner. After framing of charge and recording of evidence, petitioner was convicted.

(3.) Counsel for the petitioner has urged that the conviction is contrary to the principles of law. The Court below has failed to appreciate the evidence and there are material omissions and contradictions in the testimony of the prosecution witnesses. However, the prosecution has been unable to prove the offence under Section 324 of the IPC. Counsel also stated that the petitioner has undergone custodial sentence of more than one month.