SIDDHARTH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under sections 324 of IPC vide judgment dated 8.7.2011 passed by the JMFC, Sagar in Criminal case No.3765/2008 and sentenced for 1 year's rigorous imprisonment with fine of Rs.500/- and in default of payment of fine, 15 days' simple imprisonment was also directed. The appeal filed by the applicant before the Fifth Additional Sessions Judge, Sagar was dismissed vide judgment dated 18.10.2012 being barred by limitation. In the present revision, the applicant has challenged both the orders relating to his conviction.

(2.) The prosecution's case, in short, is that, it is alleged against the applicant that he assaulted the victim Pappu Raikwar (P.W.5) on 14.7.2003 by a Baka (a sharp cutting weapon) at Subedar ward, Sagar. After due investigation, a charge-sheet was filed before the Chief Judicial Magistrate, Sagar and ultimately, it was transferred to the JMFC concerned.

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