BUDDHU Vs. STATE OF M.P

JUDGEMENT

(1.) VIDE judgment dated 13.4.2007, the learned JMFC, Chhindwara in Criminal Case No.98/2004 convicted the applicant for the offences punishable under Sections 326 and 324/34 of the IPC and sentenced for two years R.I. with fine of Rs.3,000/ - and six months R.I. with fine of Rs.1,000/ -. In Criminal Appeal No.60/2007, vide judgment dated 4.8.2007 the learned 2nd Additional Sessions Judge, Chhindwara acquitted the applicant from the charge of the offence under Sections 324/34 of the IPC but his conviction for the offence punishable under Section 326 of the IPC was maintained and sentence was reduced to the period of six months R.I. with fine of Rs.5,000/ -. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

(2.) THE prosecution's case in short is that the complainant Dhaniram nominated himself for the post of Gram - Patel and the applicant also submitted his nomination form. On 26.7.1995 when the complainant Dhaniram went to his house situated at village Bilawar Kala (Police Station Junnardeo, District Chhindwara) then, the applicant ran towards the house of Dhaniram and assaulted him by an axe on his head causing a depressed fracture. Chhaitibai tried to intervene then, the coaccused Kisanlal assaulted her by a knife and another coaccused Bhaglal also assaulted the various victims by fists. A report was lodged in the concerned Police Station. After due investigation, a charge sheet was filed.

(3.) THE applicant abjured his guilt. He took a plea that he was falsely implicated in the matter. One Yuvraj (DW -1) was examined as defence witness.