LAXMINARAYAN & OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) The applicants were convicted for the offence punishable under sections 325/34 of IPC vide judgment dated 29.9.2011 passed by the learned JMFC, Sehore (Shri Upendra Pratap Singh) in criminal case No.1549/2010 and each sentenced for 6 months' rigorous imprisonment with fine of Rs.1,000/-. In criminal appeal No.250/2011 vide judgment dated 28.3.2012, the learned Sessions Judge, Sehore partly allowed the appeal, the sentence for the offence punishable under section 325 of IPC was reduced to the period from 6 months rigorous imprisonment to 1 month rigorous imprisonment. Being aggrieved with the judgments passed by both the Courts below, the applicants have preferred the present revision. Criminal Revision No.632 of 2012

(2.) The prosecution's case, in short, is that, on 19.7.2010, at about 7 p.m. in the evening, the victim Janki Bai (P.W.1) alongwith her niece Vinita (P.W.2) was going to house of Haricharan (P.W.3) at village Khandwa (Police Station Doraha, District Sehore). Haricharan told her to go back to her house and he would call a Panchayat and therefore, she went to her house alongwith her niece. In the way, the applicants met her. They assaulted her by sticks, kicks and fists. She sustained so many injuries. The witnesses saved her. The complainant Janki Bai lodged an FIR, Ex.P/1 at Outpost-Shyampur, Police Station Doraha against the applicants. She was sent for her medico legal examination to Community Health Center, Shyampur, where she was examined by Dr.H.P.Singh (P.W.5), who gave his report, Ex.P/3. Two blunt wounds were found to the victim. One was near the right eye and second one was on the right hand. She was referred for her x-ray examination and it was found that her left humorous bone was fractured. X-ray report, Ex.P/5 was given by Dr.H.P.Singh himself.

(3.) The applicants abjured their guilt. They have stated that they were falsely implicated in the matter. Narayan Singh (D.W.1), Manish (D.W.2) and Laxminarayan (D.W.3) were examined in defence.