LAWS(MPH)-2023-9-152

BABLU @LAL PANDA Vs. STATE OF M.P.

Decided On September 04, 2023
Bablu @Lal Panda Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This criminal revision under Sec. 397/401 of Cr.PC. has been preferred against the judgment dtd. 16/9/2019 passed by learned First Additional Sessions Judge, Sehore in Criminal Appeal No.169/2019 (Bablu @ Lal Panda v. State of MP), whereby judgment dtd. 25/6/2019, passed by the learned JMFC in Case No.1373/2014 convicting the petitioner for commission of offence under Sec. 327 and 324 of IPC and awarding him sentence of 1-1 year RI in each offence and fine of Rs.500.00 and Rs.300.00 respectively with default stipulation has been affirmed.

(2.) Brief facts relevant for the disposal of present revision are that on 9/6/2014, complainant Golu @ Avinash lodged a report against the petitioner Bablu @ Lal Panda to the effect that on 9/6/2014 at about 8:15 pm, he was going to his home, then, petitioner met him and abused him filthily and asked money for liquor. On refusal by complainant, he caught hold his neck and attacked him with lathi over his head. Upon hearing the noise, complainant's brother Pawan came there, then, petitioner Bablu @ Lal Panda attacked his brother on the neck with knife. Bablu @ Lal Panda also threatened him to kill. Gore Lal and Ajay intervened. After investigation, charge sheet was filed against the petitioner under Sec. 327, 324, 323, 294 and 506 of IPC.

(3.) Learned trial Court framed charges against the petitioner under Sec. 294, 327, 324 and 506-II of IPC. Learned trial Court vide judgment dtd. 25/6/2019 passed in Case No. 1373/2014 (State of MP v. Bablu @ Lal Panda), after evaluation of evidence, found petitioner to have committed offence under Sec. 327 and 324 of IPC and sentenced him to undergo 1-1 year RI in each offence and fine of Rs.500.00 and Rs.300.00 respectively with default stipulations. Against the above judgment, petitioner filed an appeal and learned appellate Court, vide judgment dtd. 16/9/2019 passed in Cr.A. No. 169/2019, dismissed the appeal of petitioner and affirmed the trial Court's judgment with respect to conviction and sentence as above. Against this, petitioner has preferred present revision.