VIRENDRA VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by appellant under Sec. 374 (2) of the Cr.P.C. against the judgment dtd. 29/4/2004 passed in Sessions Trial No.30/2000 by Ist Additional Sessions Judge Sehore by which, appellant has been convicted under Sec. 325 of IPC and sentenced to undergo RI for 1 year with fine of Rs.10,000.00 with default stipulation.

(2.) Prosecution story in nutshell is that on 18/11/1996 at 7:00 PM while the complainant Akhilesh Rathore was walking on road, the appellant was teasing him by calling him Teli. The complainant went and told his father, who in turn went to the house of his neighbour, namely, to sort out the matter, when a fight ensued which resulted in an injury on the person of the complainant, due to alleged hit by stick attributed to the appellant. Complainant filed a FIR before the Police Station, Kotwali, District Sehore and a case u/S 307 of IPC was registered under crime No. 679/1999. Police referred the injured for medical examination and after due investigation filed charge sheet before the competent Court.

(3.) Trail court framed charge against the accused/appellant and appellant/accused denied the charge then after taking evidence trial Court found that accused caused grievous injuries to the Akhilesh PW-1 thereafter appellant was convicted u/S 325 of IPC as mentioned above.