RAGHUVIR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has preferred the present petition under Sec. 397 r/w Sec. 401 of Cr.P.C. being aggrieved by the judgment dtd. 29/8/2016 passed in CRA No.171/2015 by Sessions Judge, Jhabua whereby the judgment dtd. 17/10/2015 passed by JFMC, Jhabau in Criminal Case No.1047/2012 has been affirmed by dismissing the appeal and the petitioner has been convicted under Sec. 186 of IPC and sentenced for imprisonment till rising of the Court with fine of Rs.500.00. Hence, the present criminal revision before this Court.

(2.) The prosecution story in brief is that, on the date of incident, at about 11:00AM, Manoj Kumar Sahu, Superintendent of Jail was indulged in the official work alongwith the staff, at that time, Gatekeeper namely Kanalal asked that Raghuveer Singh Prehari want to come to the office, then he was permitted by Superintendent of Jail, he asked about his transfer to Javad Jail, he abused the Jail Superintendent and tried to interfere with the official work, thereafter, the complainant R.P. Vasuniya on the basis of a complaint written by Superintendent of Jail, lodged the FIR regarding abusing the officers and for intervening in the official work. Hence, the police has registered the FIR against the appellant under Sec. 353 of IPC. Thereafter, the police has taken the statements of the witnesses and filed the charge sheet. JMFC, Jhaba has framed the charges against the appellant under Sec. 353 of IPC and after appreciating the evidence available on record, acquitted the appellant from the charges under Sec. 353 of IPC and convicted him under Sec. 186 of IPC and sentenced for TRC (till rising of the Court) with fine of Rs.500.00 with default stipulation.

(3.) Being aggrieved, the appellant has preferred an appeal before the learned Sessions Judge and by the judgment dtd. 29/8/2016 passed in CRA No.171/2015 by Sessions Judge, Jhabua has dismissed the appeal. Hence, the present revision before this Court.