BHAN SINGH THAKUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted of the offence under Section 325 of the IPC and sentenced to one year R.I. with fine of Rs. 1,000/ - vide judgment dated 22.9.2011 passed by the JMFC Jatara, District Tikamgarh in Criminal Case No. 1807/2006. In Criminal Appeal No. 469/2011, vide judgment dated 15.5.2013 passed by the Fourth Additional Sessions Judge, Tikamgarh maintained the conviction and sentenced was reduced to three months R.I. with fine of Rs. 2,000/ -. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

(2.) THE prosecution's case in short is that on 11.10.2006 at about 4:00 p.m., Amol Singh (PW -1) went to his field situated at village Tapriyan (Police Station Palera, District Tikamgarh), he saw that some buffaloes were grazing in the field. He started removing those buffaloes from the field then, the applicant entered at the spot and objected the activity of the complainant. He gave a powerful blow of the stick on the head of the complainant and thereafter, he further gave 2 -3 blows. The complainant went to the police station, Palera and lodged an FIR. He was sent to the hospital for medico legal examination and treatment. Dr. Suresh Sharma (PW -7) examined the complainant at Community Health Centre, Palera and gave his report Ex.P/6. He found two injuries to the complainant. One was on his head and second was on his left side of chest caused by hard and blunt object. In the x -ray report, a fracture of rib was found to the complainant. After due investigation, the charge sheet was filed before the trial Court.

(3.) THE learned J.M.F.C. after considering the prosecution's evidence, convicted and sentenced the applicant as mentioned above, whereas in appeal, sentence was modified by the appellate Court, which is mentioned as above.