GANESH BOKADE Vs. STATE OF M.P

JUDGEMENT

(1.) THE applicant was convicted for the offences punishable under Sections 325 & 323 of IPC and sentenced for one year R.I. with fine of Rs. 500/ - and Rs. 500/ - respectively vide judgment dated 17.8.2011 passed by the learned J.M.F.C. (Shri A.K. Dandeliya) Saunsar, District Chhindwara in criminal case no.411/08. Thereafter, a criminal appeal no.286/11 was filed by the applicant and vide judgment dated 24.11.2011, the same was partly allowed by the Sessions Judge, Chhindwara and the applicant was acquitted from the charge of the offence punishable under Section 323 of IPC, whereas the conviction and sentence for the offence punishable under Section 325 of IPC were maintained. Being aggrieved with the judgments passed by both the Courts below, the present revision is preferred.

(2.) THE prosecution's case, in short is that, on 22.7.2005 at about 5:00 p.m. in the evening at township Saunsar, the applicant assaulted Pushpa Bai and Jagdish by stick in which the victim Jagdish sustained a grave injury.

(3.) THE applicant abjured his guilt before the trial Court and no defence evidence was adduced.