MUNNA ALIAS SHYAMSUNDER Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 30-10-1998 passed by learned IV Additional Sessions Judge, Ujjain (M.P.) vide which the appeal of the applicant, against conviction and sentence awarded to him, has been rejected.

(2.) Applicant and other co-accused persons were tried for committing offences punishable under sections 294, 323/34, 324/34 and 341, Indian Penal Code by learned Judicial Magistrate First Class, Badnagar District Ujjain (M.P.) and vide judgment and order delivered by him in Criminal Case No. 60/95, other co-accused persons were acquitted of aforesaid charges, but applicant was convicted only under section 324, Indian Penal Code and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500.00. Feeling aggrieved by the conviction and sentence, applicant preferred an appeal. Learned IV Additional Sessions Judge, Ujjain (M.P.) vide impugned judgment and order rejected the appeal of the applicant and confirmed his conviction and maintained the sentence awarded to him. Hence, he has filed this revision petition.

(3.) Case of the prosecution is that on the date of incident, she buffalo of accused Kaluram entered in Courtyard of Nanuram (PW-1). When Rajaram (PW-2) his son got it out accused Kaluram quarrelled with him and abused him. Nanuram asked him not to abuse and to keep she buffalo inside his house. After that, accused Kaluram brought an iron ladle (Khurpa) from his house and applicant Munna also came with Khurpa and co-accused; Vidyabai caught hold of Nanuram while Kaluram struck him on head with Khurpa and applicant Munna struck the hot part of Khurpa on right hand of Rajaram (PW-2) which damaged his skin. Rajaram (PW-2) and Nanuram (PW-1) went to Police Station Bhatpach-lana where First Information Report was lodged. After due investigation, charge-sheet was filed against the applicant and other co-accused persons.