SUJEET Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for offence punishable under Section 325 read with Section 34 and 323 of I.P.C vide judgment dated 12.12.2009 passed by the Judicial Magistrate First Class, Nainpur (Shri Sanjay Raj Thakur) in Criminal Case No.228/2009 and sentenced for one years rigorous imprisonment with fine of Rs.200/- and six months simple imprisonment respectively. In Criminal Appeal No.05/2010 the learned IInd Additional Sessions Judge, Mandla vide judgment dated 23.1.2013 partly allowed the appeal. He was acquitted from the charge of offence punishable under Section 323 of I.P.C. and the conviction and sentence for the offence punishable under Section 325 of I.P.C and sentence was maintained. Being aggrieved with both the judgments the applicant has preferred this revision.

(2.) THE prosecution's case in short is that on 29.6.2009 at about 10.00 a.m in the morning the complainant Shyamabai was working in her own house situated at Ward No.9 Nainpur, District Mandla. The applicant along with other accused went inside the house and abused the victim with filthy abuses and thereafter, he assaulted the victim. The applicant twisted the hands of the complainant and also assaulted her. The complainant had lodged an FIR Ex.P/3 before the Police Station, Nainpur. She was sent for her medico legal examination to the Community Health Centre, Nainpur. Dr. R. K. Kumre (PW8) examined the complainant and gave his report Ex.P/8 and P/9. He found swelling and pain in right palm and right wrist of the complainant Shyamabai and thereafter, on X-Ray examination there was a crack fracture found in her radius bone of the right wrist. After due investigation a charge sheet was filed.

(3.) THE learned JMFC, Nainpur after considering the evidence adduced by the parties convicted and sentenced the applicant as mentioned above whereas the learned IInd Additional Sessions Judge, Mandla acquitted all other accused persons from the charge of offence punishable under Section 325 read with Section 34 of I.P.C and imposed fine upon other persons for the offence punishable under Section 323 of I.P.C whereas the applicant was acquitted from the charge of offence punishable under Section 323 of I.P.C but, conviction and sentence for offence punishable under Section 325 of I.P.C was maintained.