UMED SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under section 325 of IPC and sentenced for 6 months rigorous imprisonment with fine of Rs.500/- vide judgment dated 8.12.2008 passed by the learned JMFC, Bareli in criminal case No.393/2001, whereas criminal appeal No.119/2008 filed by the applicant was dismissed vide judgment dated 16.11.2011 by the learned Second Additional Sessions Judge, Raisen. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

(2.) THE prosecution's case, in short, is that, on 3.5.2001 at about 5.30 p.m., the victim Hakam Singh (P.W.5) was sitting in the shop of one Jassu @ Jasraj (P.W.2) at village Bareli. The applicant came to the shop of the witness Jassu and took the victim with the pretext that he wanted to talk to the victim. He took the victim to the hospital compound and thereafter, he started assaulting him. On shouting of the victim Hakam Singh, the witnesses Ramkumar and Muneem came to the spot and therefore, after giving a threat to the victim, the applicant left the spot. The victim sustained the injuries in both the legs and left wrist. He went to the Police Station Bareli, where he had lodged the FIR, Ex.P/7. He was sent for his medico legal examination. Dr.B.D.Khare (P.W.1) examined him at Community Health Center, Bareli and gave his report, Ex.P/1. He found 7 simple injuries to the victim. However, for various injuries in his leg, the victim was referred for x- ray examination. Dr.Pradeep Kumar Tiwari (P.W.7) examined the complainant radiologically at Astha Hospital, Bhopal and he gave his report, Ex.P/10. He found fractures in both the ankles of the complainant. After due investigation, a charge -sheet was filed before the trial Court.

(3.) THE learned JMFC, Bareli, after considering the prosecution's evidence, convicted and sentenced the applicant as mentioned above, whereas the appeal filed by the applicant was dismissed in toto.