TABBA @ ROOP SINGH Vs. STATE OF MADHYA PRADESH.

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under Sections 325 and 323 of IPC vide judgment dated 31.10.2012 passed by the JMFC Sehore (Shri Vandan Mehta) in Criminal Case No.1729/2011 and sentenced with rigorous imprisonment of one year with fine of Rs.500/- and three months' RI with fine of Rs.200/-. In Criminal Appeal No.298/2012 the learned Sessions Judge, Sehore vide judgment dated 13.2.2013 partly allowed the appeal, but neither any change in the conviction nor in the sentence was made by the learned Sessions Judge. Being aggrieved with both the judgments, the applicant has filed the present revision.

(2.) THE prosecution case, in short, is that on 27.9.2011 the complainant Pooja went to her "Bandra wala khait" at village Patel (Police Station Ahmedpur District Sehore). At about 4:00 PM in the evening the buffaloes of the applicant went inside the crop of soyabean of the complainant, then the complainant requested him to to take his buffaloes, but the applicant twisted the wrist of Shaitan Bai, grand-mother of the complainant. The complainant went to save her grand- mother, then the applicant assaulted her by a stick causing injuries in her right leg. The complainant went to the Police Station Ahmedpur where she lodged an FIR on the very same day. Her FIR was written in the Rojnamcha-Sanha and she was sent for her medico legal examination. It was found that she sustained fractures in the bones of right heel. After due investigation, a charge sheet was filed before the trial Court.

(3.) THE learned JMFC Sehore after considering the evidence adduced by the parties convicted and sentenced the applicant as mentioned above, whereas no relief was received by him in the appeal.