BABLA @ ABHIJIT MANDAL Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under Section 325 of IPC vide judgment dated 26.4.2007 passed by the learned J.M.F.C., Betul in criminal case no.1174/04 and sentenced for six months R.I. with fine of Rs. 1000/-. In criminal appeal no.107/07, the learned 3rd Additional Sessions Judge, Betul vide judgment dated 14.8.2007 dismissed the appeal in toto. Being aggrieved with the aforesaid judgments the applicant has preferred the present revision.

(2.) The prosecution's case, in short is that, on 10.7.2004, the complainant Amarchand lodged an FIR at Police Station, Sarni District Betul that the applicant kept his daughter since last two years but on the date of the incident, father of the applicant contacted the complainant Amarchand and asked for some money, then, the applicant came to the spot and assaulted the complainant Amarchand with the help of pipe causing some injuries on his hand. In his medical report, it was found that he sustained a fracture of lower 1/3rd of shaft of radius in left hand. After due investigation, a charge sheet was filed before the trial Court.

(3.) The applicant abjured his guilt. He did not take any specific plea and therefore, no defence evidence was adduced.