MILAN SUDARSHAN JAIN Vs. STATE OF M.P

JUDGEMENT

(1.) THE applicant/accused has preferred this revision being aggrieved by the judgment dated 8.7.2004 passed by Sessions Judge, Sagar in Criminal Appeal No.18/2004 affirming the judgment dated 13.2.2004 passed by Additional Chief Judicial Magistrate, Deori in Criminal Case No.42/1994 whereby the applicant has been convicted and sentenced under Section 325 IPC for RI of 1 year with fine of Rs.1000/ -; in default of payment of fine further RI of 3 months.

(2.) THE facts giving rise to this revision in short are that on 21.4.1994 at about 8.30 p.m. at Khanderao Ward, Deori on account of some quarrel regarding demand of money complainant Dashrath (PW -1) was abused by the applicant with filthy language and in continuation of such act also gave a blow from hard and blunt object which is used to prepare the food. Resultantly, victim Dashrath sustained injury on his hand with bleeding. The incident was witnessed by Ramesh Bose and Ramesh Mistri. The complainant went to the Police Station Deori and informed about the incident. After recording such report in the Rojnamcha Sanha he was sent to the hospital where on medical examination, his MLC report was prepared. He was sent for X -ray examination and on carrying out the same a fracture of his Ulna bone was revealed. After arresting the applicant and recording the interrogatory statement of the witnesses, on completion of the investigation he was charge -sheeted. On evaluation of charge -sheet the charge of Section 294 and 325 IPC was framed against the applicant, he abjured the guilt, on which trial was held and on appreciation of the same the accused was acquitted form the charge of Section 294 IPC while convicted under Section 325 IPC with the above mentioned punishment.

(3.) ON filing the appeal by the applicant, on consideration by affirming the judgment of the Trial Court the same was dismissed. Hence, the applicant has come to this Court with this revision.