ATAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for offence punishable under Section 325 read with Section 34 of I.P.C by the Additional Chief Judicial Magistrate, Gadarwara in Criminal Case No.354/95 and vide judgment dated 29.1.1998 he was sentenced for six months simple imprisonment with fine of Rs.250.00. In Criminal Appeal No.15 of 1998 the Additional Sessions Judge, Gadarwara vide judgment dated 27.2.1998 dismissed the appeal. Being aggrieved with both the judgments the applicant has preferred this revision.

(2.) THE prosecution's case in short is that, on 25.5.1995 at about 9.00 a.m in the morning the applicant was constructing a house in the land of victim Munshilal at Village Pithwani (Police Station Saikheda, District Narsinghpur). When the applicant was prohibited to do the construction, he assaulted the victim by an iron rod causing several injuries to the victim Munshilal. The co-accused Shambhu also participated in the crime. The victim Munshilal informed the Police at Police Station Saikheda about the incident and a Rojnamchasana Ex.P/10 was written. The victim was sent for his medico legal examination and treatment. Three injuries were found to the victim. Out of them one injury was grave. A fracture was found on right radius of the victim. A charge sheet was filed before the trial Court.

(3.) THE learned Additional Chief Judicial Magistrate, Gadarwara after considering the evidence adduced by the prosecution convicted the applicant for offence punishable under Section 325 read with Section 34 of I.P.C and sentenced as mentioned above whereas the appeal filed by the applicant was dismissed in toto.