RAMNATH Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 6.8.2013 passed by learned Second Additional Sessions Judge, Sagar (M.P.) in Criminal Appeal No.158/2013 thereby affirming the judgment of conviction and order of sentence dated 4.3.2012 passed by learned Judicial Magistrate, First Class, Deori, District Sagar in Criminal Case No.977/2010 convicting the applicant No.1 Ramnath under Section 325 and 323/34 IPC and further convicting applicant No.2 Prahlad under Section 325/34 and 323 IPC and sentencing both of them to suffer RI of 1 year and fine of Rs.200/- and RI of 3 months respectively with default stipulations as mentioned in the impugned judgment, the applicants have preferred this revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) Learned counsel for the applicants submits that learned two Courts below contrary to the evidence, have convicted the applicants. An alternative submission has been made that since the date of judgment passed by learned Appellate Court, which is 6.8.2013 the applicants are in Jail, therefore, they be released for the period they had already undergone.

(3.) So far as the conviction of applicant No.2 Prahlad under Section 325/34 IPC is concerned, according to me, he has caused one simple injury to injured Umabai (PW-2) for which he has been convicted under Section 323 IPC. There is absolutely no evidence that this applicant caused injury by lathi sharing common intention with first applicant Ramnath. Thus, I am of the view that conviction of applicant No.2 Prahlad under Section 325/34 IPC cannot be sustained. He is acquitted from the said charge, however, his conviction under Section 323 IPC is hereby affirmed.