RAMAN ALIAS RAMDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under Section 326 of IPC vide judgment dated 12.10.1998 passed by the JMFC Damoh (Shri U.S.Mishra) in Criminal Case No.339/1998 and sentenced with rigorous imprisonment of three years with fine of Rs.500/-. In Criminal Appeal No.57/1998 the learned First Additional Sessions Judge, Damoh vide judgment dated 17.9.1999 dismissed the appeal in toto. Being aggrieved with both the judgments, the applicant has filed the present revision.

(2.) THE prosecution case, in short, is that on 28.10.1992 the victim Lattu (PW-2) went to the jungle of Manpura (Police Station Damoh Dehat District Damoh). At about 5:30 PM the applicant went to the jungle and assaulted the victim Lattu by a spade causing him a grave injury on his head. He assaulted for 2-3 times and thereafter ran away. The victim Lattu was taken to the Police Station Damoh Dehat where he had lodged an FIR Ex.P-1. He was sent to the District Hospital Damoh for his medico legal examination and treatment. Dr. A.K.Tiwari (PW-4) examined him and gave his report Ex.P5-A. He found one incised wound on the left parietal region, whereas one bruise on the left side of the back of the victim. On X-ray examination Dr. O.P.Dubey (PW-6) found a fracture on the left parietal bone of the victim. After due investigation, a charge sheet was filed before the trial Court.

(3.) THE learned JMFC Damoh after considering the prosecution evidence convicted and sentenced the applicant as mentioned above, whereas the appeal filed by the applicant was also dismissed in toto by the learned First Additional Sessions Judge, Damoh.