SOMNATH CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under Section 326 of IPC vide judgment dated 9.12.2011 passed by the CJM Narsinghpur in Criminal Case No.2530/2006 and sentenced with rigorous imprisonment of three years with fine of Rs.1,000.00. In Criminal Appeal No.5/2012 the learned Additional Judge to the First Additional Sessions Judge, Narsinghpur vide judgment dated 11.10.2012 dismissed the appeal. Being aggrieved with both the judgments, the applicant has filed the present revision.

(2.) THE prosecution case, in short, is that on 10.9.2006 at about 10:10 AM the complainant Bharat Singh (PW-3) went to his field situated at Village Nauni to reap the crop of soyabean. Thereafter a quarrel took place between the victim and the applicant. The applicant assaulted him by a dagger causing him visible injury on his nose. The victim was sent for his medico legal examination etc. and it was found that fracture was caused on his nose.

(3.) THE learned Chief Judicial Magistrate, Narsinghpur after considering the evidence adduced by the parties convicted and sentenced the applicant as mentioned above and the appeal filed by the applicant was also dismissed the learned First Additional Sessions Judge, Narsinghpur.