KAPOOR CHAND Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicants are convicted for offences punishable under Section 325 read with section 34 of I.P.C and Section 323 read with Section 34 of I.P.C vide judgment dated 4.10.2012 in Criminal Case No.2188/2006 and sentenced with one year's rigorous imprisonment with fine of Rs.500/- and three month's rigorous imprisonment with fine of Rs.300/- respectively. In Criminal Appeal No.245/2012 the learned First Additional Sessions Judge, District Balaghat vide judgment dated 15.2.2013 did not give any relief to the applicants and the appeal was dismissed. Being aggrieved with the aforesaid judgments the applicants have preferred the present revision.

(2.) THE prosecution's case in short is that on 9.11.2004 at about 8.00 p.m in the evening the complainant Seeta Bai along with her husband Madhu were working in her house situated at Village Kosmara (Police Station Lanji, District Balaghat). The applicants went to the house of the complainant and started abusing her husband. Her husband Madhu came out and thereafter, the applicants assaulted him. The complainant Seeta Bai also went to save her husband and thereafter, she was also assaulted. Seeta Bai and her husband went to the Police Station Lanji where the complainant Seeta Bai had lodged an FIR Ex.P/1. The victims were sent to the Community Health Centre, Lanji where they were examined by Dr. Umesh Dahate (PW9) who gave his reports Exs. P/13 and P/14 for the victims Seeta Bai and Madhu respectively. Dr. Samad (PW7) found that a fracture was caused in the right ulna bone of the victim Madhu. He gave his report Ex.P/5 on the basis of his X-Ray examination. After due investigation a charge sheet was filed before the trial Court.

(3.) AFTER considering the prosecution's evidence the learned JMFC, Balaghat convicted and sentenced the applicants as mentioned above whereas, the appeal filed by the applicants was dismissed in toto.