PAPPU Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner/accused has filed this Criminal Revision under Section 397/401 of Code of Criminal Procedure against the judgment dated 8.6.2005 passed by the Court of II ASJ, Guna in Cr. Appeal No. 627 of 2002 confirming the judgment dated 2.2.2002 passed by the Court of JMFC, Guna in Cr. Case No. 6 of 2002 convicting the accused under Section 325 and 323 of IPC and sentencing him to undergone Six months RI with fine of Rs. 100/ - and one month's RI respectively with the default stipulation.

(2.) IN brief, the facts of the case are that, on the date of incident, when complainant and his cousin Gopal were sitting in front of their house, petitioner and co -accused Angoori came and started abusing them claiming that they will do the work of sweeping in village Bamori. The complainant tried to persuade them on the ground that he had been doing the work of sweeping in the said village since the time of his birth. The applicant and co -accused started beating him by means of lathi due to which, he suffered injury in his left leg. When Gopal tried to intervene, petitioner Pappu also caused him injury with lathi blow on his left hand's wrist and head. The report of the incident was lodged by complainant at PS Bamori on the basis of which, offence under Section 323, 325 and 294 was registered at Crime No. 42 of 1998. The matter was taken under investigation. During investigation, the statements of witnesses were recorded. After completion of investigation, charge sheet was filed against the petitioner and co -accused. On the basis of material collected during investigation, charges were framed against the accused under Section 323, 325 and 294 of IPC and after trial, the trial Court convicted the accused -petitioner for the offence as indicated herein above.

(3.) THAT , now, challenging the judgments passed by both the learned courts below, present revision petition has been filed with the delay of 8 years and 10 months along with application I.A. No. 3186 of 2014 for condonation of delay.