MAHENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under section 324 of IPC vide judgment dated 14.9.1999 passed by the learned JMFC, Sagar (Shri Sanjeev Pandey) in criminal case No.687/1998 and sentenced for 2 years rigorous imprisonment with fine of Rs.500/-. In criminal appeal No.138/1999 vide judgment dated 3.12.1999, the learned Sessions Judge, Sagar dismissed the appeal in toto. 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 2.3.1997, at about 7 p.m., the victim Mohan was going to his house from his field, situated at village Sagoni Umariya alongwith the witness Guddu. Near a place Jharaiyya, the applicant came with a sword and abused the victim and thereafter, he assaulted the victim by sword on his left neck. The witnesses saved the victim and thereafter, the victim lodged an FIR at Police Station Rahatgarh, District Sagar. He was sent for his medico legal examination to Primary Health Center, Rahatgarh. Dr.J.P.Nayak examined the victim and gave his report, Ex.P/1. After due investigation a charge-sheet was filed before the competent Magistrate.

(3.) AFTER considering the prosecution's evidence, the learned Judicial Magistrate First Class, Sagar, convicted and sentenced the applicant as mentioned above, whereas, the appeal filed by the applicant was dismissed in toto.