FATTU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner is hereby taking exceptions to the order of conviction and sentence which has been passed against him by the Judicial Magistrate, First Class, Shajapur in Criminal Case No. 479/88 wherein the learned Magistrate con victed the petitioner for an offence punishable u/S. 326 of IPC and sentenced him to RI for nine months with fine of Rs. 750.00 I.D. further RI for three months which was modified to one punishable u/S. 325 of IPC by reducing the sentence to RI for three months and fine of Rs. 500.00 I.D. RI for one month by the Sessions Judge, Shajapur in the matter of Cr. A. 81/89.

(2.) The facts of the matter are that on 14-11-86 at about 4-00 p.m. the petitioner and his father were digging out water channel for irrigating their land from the lands of prosecution witness Manohar, who happens to be the cousin of the petitioner. The field of Manohar was adjacent to the field of the peti tioner. It is the prosecution case that at the time of digging out the said water channel, the petitioner was possessing a mattock and his father was pos sessing a spade. Prosecution alleged that petitioner assaulted PW-Manohar by the said mattock on nose and mouth and caused an injury in which PW -Manohar lost his one tooth. As per prosecution case the father of the petitioner, who is dead assaulted the father of Manohar named Ramcharan by the said spade.

(3.) After the said assault, the FIR was lodged against the petitioner and his father. Prosecution witnesses Manohar and Ramcharan were medically treated and after investigation the petitioner and his father Ramcharan (Ramkaran) faced trial.