KAMLESH Vs. STATE OF M.P

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under Section 324 of IPC vide judgment dated 25.4.2012 passed by the JMFC Khurai in Criminal Case No.708/2008 whereby he was sentenced with three months' RI with fine of Rs.500/ -. Again in Criminal Appeal No.268/2012 vide judgment dated 3.10.2012 the learned First Additional Sessions Judge, Khurai maintained the conviction of the applicant but reduced the sentence to the period of till rising of the Court with fine of Rs.2000/ -. Being aggrieved with both the judgments, the applicant has filed the present revision.

(2.) THE prosecution case, in short, is that on 25.11.2008 the complainant Imrat Rani (PW -1), who was resident of Khurai near Badkul Warehouse, was working on her hut. The applicant came to the spot and asked about construction of her hut and took some photographs. When the victim prohibited him to take photographs, the applicant assaulted her with the help of a wire. The FIR was lodged by the complainant. The victim was sent for her medico legal examination and after due to investigation a charge sheet was filed before the competent Court.

(3.) THE applicant abjured his guilt. He took a plea that he was falsely implicated in the matter due to dispute of land between the parties. In defence Chhotelal (DW -1) was examined.