RADHE SHYAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants were convicted for the offence punishable under sections 325 read with section 34 of IPC vide judgment dated 8.6.2011 passed by the JMFC, Balaghat in Criminal case No.578/2007 and each sentenced for six months rigorous imprisonment with fine of Rs.500/- and in default of payment of fine, one month's rigorous imprisonment was also directed. The criminal appeal No.123/2011 filed by the applicants was dismissed vide judgment dated 25.10.2010 passed by the learned First Additional Sessions Judge, Balaghat. 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 4.3.2007, the victim Gaurishankar (P.W.1) has lodged an FIR against the applicants that they assaulted him by sticks, causing him injuries on his nose and right leg. He was sent for his medico legal examination to Community Health Center, Lanchi. Dr. Pradeep Gedam (P.W.7) examined the victim Gaurishankar and gave his report, Ex.P/5. Swelling was found on the right side of his nose and one abrasion was also found on the right leg. He was also referred for his xray examination. Dr.D.K.Raut (P.W.6) examined the victim radiologically and gave his report, Ex.P/4. A dislocation of right patella bone was found. After due investigation, a charge-sheet was filed before the JMFC, Balaghat.

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