HEMCHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is preferred under Sec. 374 of Cr.P.C. by the appellant being aggrieved by the judgment dtd. 2/8/2021 passed by Principal Session Judge, Jhabua in S.T. No.148/2019 whereby the appellant is convicted for the offence punishable under Sec. 307 of IPC and sentenced for 05 years with fine of Rs.1000.00 and default stipulations.

(2.) At the very outset, counsel for the appellant prays for withdrawal of the application for suspension of jail sentence I.A.2762/2023 and prays for final hearing of this appeal at motion stage.

(3.) . As per the prosecution story, 20/7/2019, at about 10:30 PM, the complainant reached on the shop of Valiya Pal to take Biri, whereon accused Hemchand has called him to his house and asked as to why the complainant is standing in front of his house and what is the relation of the complainant with his wife and further he started assault on the complainant with kicks and fists. Therefore, on the complaint of the injured, the FIR was registered against the appellant under Sec. 294, 323 and 506 of IPC.