ONKAR PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicants were convicted for offence punishable under Sections 325 read with Section 34 of I.P.C vide judgment dated 16/7/1999 passed by learned JMFC, Satna (Ku. Narin Singh) in Criminal Case No.968 of 1998 and sentenced for one years rigorous imprisonment with fine of Rs.500.00. In Criminal Appeal No.75/1999 the learned IIIrd Additional Sessions Judge, Satna vide judgment dated 3.8.2003 maintained the conviction as directed by the trial Court but sentence was reduced to the period of three months rigorous imprisonment and fine imposed by the trial Court kept intact. 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 10.6.1989 at about 5.00 p.m the complainant Chandrika Prasad was constructing a wall in his land at Village Jhali, Police Station Kothi, District Satna. The applicants and Nawal Kishore objected and they assaulted the victim by sticks. The applicant Onkar Prasad assaulted the victim on the chest by a stick whereas the other applicants have also assaulted the victim. The victim Chandrika Prasad was taken to the hospital for his treatment and medico legal examination then it was found that he sustained fracture/dislocation of the M.P Joint in his right hand. After due investigation a charge sheet was filed before the trial Court.

(3.) THE learned JMFC, Satna after considering the evidence adduced by the prosecution convicted the applicants as mentioned above. In appeal the sentence was reduced.