LAXMIKANT Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under Section 325 of IPC vide judgment dated 16.10.1999 passed by the learned JMFC, Sagar (Shri Ajay Kumar Singh) in Criminal Case No.740/1998 and sentenced with 6 months' rigorous imprisonment with fine of Rs.100/-. In Criminal Appeal No.154/1999 the learned Sessions Judge, Sagar vide judgment dated 7.12.1999 dismissed the appeal in toto. Being aggrieved with the judgments passed by both the Courts below the applicant has preferred the present revision.

(2.) The prosecution s case in short, is that, on 14.6.1992, at about 6 a.m, the complainant Parwati (P.W.1) was at her house situated at village Siddhgua (Police Station Behariya, District Sagar). The applicant came to her house and abused her and pressed her to lodge an FIR against one Sher Singh, who was held by the applicant. Thereafter, the applicant assaulted the victim by a stick, causing her various injuries. The complainant went to the Police Station Behariya and lodged an FIR, Ex.P/1, which was written in the Rojnamachasana. The complainant was sent to the Government Hospital, Sagar for her medico legal examination and treatment. Dr. G.S.Choubey (P.W.6) examined the complainant and gave his report, Ex.P/5. He found two injuries to the victim caused by hard and blunt object. Out of which, one was found on right rib and other one was found on left forearm. In x-ray examination, it was found that the complainant sustained a fracture of 5th Metacarpal bone in her right hand. After due investigation, a charge-sheet was filed before the trial Court.

(3.) The applicant abjured his guilt. He took a specific plea that he was falsely implicated in the matter to get some amount from him. However, no defence evidence was adduced.