GOURISHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision petition has been filed under Section 397 r/w of the Cr.P.C. being aggrieved by the judgment dated 07.03.2013 passed by Sessions Judge, Ujjain in Criminal Appeal No.205/2010, whereby the petitioners were convicted for offence under Section 148 of IPC and sentenced to undergo two years R.I. and u/S.326/149/34 of the IPC and sentenced to undergo two years R.I. with fine of Rs.2000/- each and u/S.324/149 of the IPC and sentenced to undergo one years with fine of Rs.1000/- each in default of payment of fine they were to further undergo one year and six months R.I. each.

(2.) BRIEF facts necessary for elucidation are that on 09.06.2004 at about 11:30 PM the petitioners were cutting the tree of Babool which was situated at the field of complainant Prahlad. When the complainant along with his brother Manikchand came there and asked the petitioners that with whose permission, you are cutting the Babool tree? Due to which petitioners abused the complainant in filthy language and assaulted him and his brother Manikchand by sharp edged weapons. As a result complainant Prahlad sustained grievous injuries and the brother of the complainant sustained fracture in left leg. The FIR was lodged at police Station Tarana at Crime No.198/04. Upon the complaint of the complainant a case was registered against the petitioners. After framing of charge and recording of evidence, petitioners were convicted as stated above, hence the present revision.

(3.) COUNSEL for the respondent/State has opposed the submissions of the Counsel for the petitioners and stated that all the petitioners are relatives. Counsel submitted that there is concurrent finding against the petitioners and the judgment of the Appellate Court is in accordance with law and does not require any interference and the revision filed by the petitioners be dismissed.