TULSIRAM Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 6.1.2009 passed by learned 3rd Additional Sessions Judge (Fast Track Court), Seoni in Criminal Appeal No.99/2008 thereby affirming the judgment of conviction and order of sentence dated 8.8.2008 passed by learned Judicial Magistrate, First Class, Seoni in Criminal Case No.701/2008 sentencing the applicant to suffer 6 months R.I. and fine of Rs.1000/-; in default of payment of fine to further suffer rigorous imprisonment of one month, the applicant has preferred this revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this revision. Suffice it to say that the applicant caused injuries by lathi to the injured-complainant Ramsingh (PW-1) as a result of which the applicant along with coaccused, namely, Jairam was tried for the charges punishable under Section 325/34 IPC. After trial, co-accused Jairam was acquitted from the charges, however, the present applicant was convicted for the offence punishable under Section 325 IPC and has been sentenced to suffer imprisonment as mentioned in para-1 of this order. The judgment of conviction and order of sentence has been affirmed by the learned first Appellate Court. In this manner, this revision application has been filed by the applicant.

(3.) The contention of learned counsel for the applicant is that looking to the evidence placed on record it is not proved that the applicant caused lathi injury to the complainant. However, I do not find any merit in this contention. On bare perusal of statement of injured Ramsingh (PW-1) it is gathered that some altercation took place between the applicant and him on the point of fuel-wood. Thereafter, the applicant caused injury by lathi to him. Specifically this witness is saying that the lathi injury was caused on the thumb of his right hand, resulting into the fracture. The statement of this witness is corroborated by Pramila Bai (PW-3) and also by Dr. Yogesh Agarwal (PW-6), who found the injuries on the person of the injured which are mentioned in the injury report (Ex.P-4) and which read, thus:-