RAMESH Vs. STATE OF M.P.

JUDGEMENT

(1.) IN this revision, the challenge is to the judgment passed by the Sessions Court in the appeal. Whereunder the conviction of the petitioner under section 325 of IPC and the sentence of one year's R.I and a fine of Rs. 1,500/ - passed by the trial Court has been maintained. The brief narration of the facts would facilitate the further discussion in the revision. According to the prosecution version, the petitioner from his house had carried some house -hold articles and had kept them in the house of Chimman (PW 5). The wife of the petitioner named, Ramsanehi (PW 1) had brought back the articles to the house and the petitioner for her such act became furious and abused his wife Ramsanehi (PW 1). She was assaulted by him by an iron rod and when his mother Anandi (PW 2) came to the rescue of Ramsanehi, the petitioner also assaulted his mother. As a result of assault, the fractures on the hands of Ramsanehi (PW 1) and Anandi (PW 2) were found on the X'ray examination, and the Courts below here convicted and sentenced the petitioner, on the appreciation of the prosecution evidence.

(2.) THE petitioner's counsel submits that the learned Courts below failed to consider the provisions of section 360 of Cr.P.C. It was incumbent on the Court below to have allowed him the advantage of probation of good conduct. The assault of the petitioner resulted in the fractures of redius and ulna of the two injured, who were none -else, but the wife and the mother of the petitioner. The Courts below in the facts and circumstances committed no illegality in not extending the benefit of section 360 of CLP.C. However, for an incident, which · took place more than six years back, it would serve no purpose, if the petitioner is sent back to jail. The petitioner is of young age and sending him in the company of the hardened criminals now would rather be detrimental to his future life. The petitioner is reported to be leading a peaceful life. In the facts and circumstances of the case, instead of sending back the petitioner to the prison to undergo the remaining part of the sentence, as awarded, the petitioner is sentenced to the period already undergone by him and to pay a further fine of Rs. 500/ -The revision petition it, therefore, dismissed with the above modification in the sentence.