VINAY PANDEY Vs. STATE OF M P

JUDGEMENT

(1.) The applicants were convicted for two counts charges of offence punishable under section 323 of IPC and each of them was sentenced with fine of Rs.1,000/- for each count charge vide judgment dated 21.7.2009 passed by the learned JMFC, Rewa in criminal case No.350/2005, whereas criminal appeal No.237/2009 was dismissed in toto vide order dated 23.4.2010 passed by the learned 6th Additional Sessions Judge, Rewa. Being aggrieved with the aforesaid judgments, the applicants have preferred the present revision.

(2.) The prosecution's case, in short, is that, on 14.6.2004, at about 7 p.m., the victim Ananti Devi was sitting in front of her house, situated at Amba (Police Station Sagra, District Rewa). She was accompanied with her daughter Meena and Son Manish. The applicants went to the spot and due to previous enmity, they started assaulting the victim Ananti Devi. When Manish intervened in the matter then, he was also assaulted. A report was lodged at outpost-S.G.M.H. Hospital. Dr.A.M.Trivedi (P.W.5) examined the victims Ananti Devi and Manish and gave his reports Ex.P/1 and Ex.P/3. He found 4 injuries to each of the victims. However, the injuries were not found grave. The charge-sheet was filed after due investigation.

(3.) The applicants abjured their guilt. They took a plea that they were falsely implicated in the matter. To show such type of previous reports, Head Constable Shri Rajkumar Mishra (D.W.1) was examined in defence.