GAJANAND CHOUDHARY Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under Sections 324, 294, 506-B of IPC vide judgment dated 16.4.2012 passed by the CJM Burhanpur (Shri A.A.Khan) in Criminal Case No.1831/2009 and sentenced for one year's RI with fine of Rs.500/-, one year's RI with fine of Rs.500/- and fine of Rs.500/- respectively. In Criminal Appeal No.57/2012 the learned Additional Sessions Judge to the First Additional Sessions Judge Burhanpur vide judgment dated 17.12.2012 partly allowed the appeal by which the conviction and sentence for the offence under Section 294 of IPC were set aside, but remaining conviction and sentence were confirmed. Being aggrieved with both the judgments, the applicant has filed the present revision.

(2.) The prosecution case, in short, is that on 31.5.2009 at about 11:00 PM the victim Sanjay (PW-4) went to meet his daughter Mahak at Fowwara Chowk Burhanpur. Thereafter when the victim was coming back by his scooter the applicant abused him with some obscene words and thereafter assaulted him by sharp cutting weapon (ustra). On his shouting, other witnesses came to the spot and they took the victim to the hospital. Before leaving the spot, the applicant gave a threat to kill the victim in future. The victim was taken to the Nehru Hospital, Burhanpur where Dr.Ramesh Somani (PW-3) had examined him and gave a report Ex.P-1. One incised wound was found on his left chest, which was 6 inches long and so many linear abrasions were found on the right chest and left forearm. An intimation was given to the police and the police registered the case. After due investigation, a charge sheet was filed before the trial Court.

(3.) The applicant-accused abjured his guilt. He did not take any specific plea, but he has stated that he was innocent and was falsely implicated in the matter. However, no defence evidence was adduced.