(1.) The applicant was convicted for the offence punishable under section 324/34, 341 of IPC and section 25 of the Arms Act vide judgment dated 25.8.2011 passed by the JMFC, Jabalpur (Shri Sanjay Kumar Shahi) in criminal case No.19725/2006 and sentenced for 6 months' rigorous imprisonment with fine of Rs.100/-, 10 days simple imprisonment and 1 year's rigorous imprisonment with fine of Rs.200/- respectively. In criminal appeal No.51/2013, the learned Fifth Additional Sessions Judge, Jabalpur dismissed the appeal on 20.10.2012 because it was barred by limitation but, due to order dated 1.2.2013 passed by the single Bench of this Court in criminal revision No.83/2013, the appeal was again considered by the appellate Court and vide judgment dated 27.2.2013, the appeal was dismissed. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.
(2.) The prosecution's case in short, is that, on 24.3.2002, at about 1.45 a.m., the complainant Dinesh Dubey (P.W.1) was going to his house, situated at Baldi Kori Ki Dafai, Jabalpur. In the way, near the temple of Bamba Devi, 4 unknown persons stopped the complainant and told him that he was indulged in criminal activities and thereafter, they assaulted him by knives. On his shouting, the witnesses Ramchandra Dubey and Sanjay Kumar Pandey ran towards the spot. They took the victim Dinesh Dubey to Police Station Ghamapur, where he lodged the FIR, Ex.P/1. The victim was sent for his medico legal examination to Victoria Hospital, Jabalpur, where he was examined by Dr.P.K.Sharma (P.W.8). Dr. P.K.Sharma gave his report, Ex.P/3. He found 10 wounds caused by sharp cutting weapons to the victim Dinesh Dubey. He found various wounds on right of the chest, left of the chest, right hand, right forearm, left middle finger, left forearm, left elbow, 3 inches below the previous wound on left elbow, left hand and left forearm. The victim was referred to the Medical college, Jabalpur. After the arrest of the accused persons, the victim identified the accused Bantu S/o Bhurelal and Allu @ Umesh in the test identification parade. A Memo, Ex.P/2 was prepared. After due investigation, a charge-sheet was filed against the aforesaid two accused persons. Out of them, the accused Bantu expired and therefore, trial took place against the applicant only.
(3.) The applicant abjured his guilt. He did not take any specific plea in the case and therefore, no defence evidence was adduced.