MUNNI DHEEMER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has been convicted of the offence punishable under Sections 325/34, 342 of IPC and sentenced to six months' RI with fine of Rs.1000/- and three months' RI with fine of Rs.500/- vide judgment dated 7.4.2010 passed by the JMFC Tikamgarh in Criminal Case No.137/2009. Criminal Appeal No.109/2010 filed by the applicant was dismissed vide judgment dated 9.7.2012 by the learned Additional Judge to the First Additional Sessions Judge, Tikamgarh. Being aggrieved with the judgments passed by both the courts below, the applicant has preferred this present revision.

(2.) The prosecution case, in short, is that on 21.9.2004 at about 5:00 PM the victim Balkishan was coming from the school to his house by a bicycle at Village Darguan Godam (Police Station Baldevogarh District Tikamgarh). The applicant intervened in the journey of the victim Balkishan and gave blow of lathi from back due to which Balkishan fell down on the ground. The applicant and other accused persons assaulted the victim Balkishan by kicks and fists. The victim Balkishan was taken into the house of the applicant and he was confined. Gulcha Dheemer, father of the victim Balkishan had lodged the FIR Ex.P-1 at Police Station Baldeogarh District Tikamgarh. After due investigation, a charge sheet was filed.

(3.) The applicant-accused abjured his guilt before the trial Court. He did not take any specific plea, and therefore no defence evidence was adduced.