VINOD PAL Vs. STATE OF MADHA PRADESH

JUDGEMENT

(1.) Instant criminal revision has been filed by the petitioners- Vinod Pal and Golu @ Deepak Pal under Sec. 438 of BNSS (U/s 397 of Cr.P.C.) assailing the judgment dtd. 25/1/2025 passed by Additional Sessions Judge, Berasiya, District Bhopal in Criminal Appeal No.21/2024 (Vinod Pal and Anr. Vs. State of M.P.), whereby appeal filed by the petitioners, challenging the judgment dtd. 19/2/2024 passed by JMFC, Berasiya, District- Bhopal in Criminal Case No.1149/2017 convicting and sentencing the petitioners under Sec. 324/34 of IPC with RI of six months and with fine of Rs.1,000.00 each with default stipulation and petitioner Vinod Pal also under Sec. 25 (1-B) (b) of Arms Act and sentencing him to undergo RI of 1 year and with fine of Rs.1,000.00with default stipulation, has been dismissed and judgment passed by the trial Court was affirmed.

(2.) Brief facts relevant for the disposal of present revision are that on 10/5/2017 at about 18 hours, when complainant's son was sitting outside house, then, petitioner Golu @ Deepak Pal came and after abusing the complainant's son asked him as to why he is staring at him. When complainant's son refuted the same, then, he abused the complainant filthily. Thereafter, Golu's brother Vinod Pal came armed with sword and assaulted complainant Jagdish Pal on the head and petitioner Golu @ Deepak Pal assaulted with stick. Complainant's wife Parwati Bai came and intervened in the matter. While going from the scene of incident, petitioners threatened the complainant. During investigation, on the basis of memorandum of petitioner Vinod Pal, one sword was recovered.

(3.) Learned trial Court vide judgment dtd. 19/2/2024 passed in RCT No.1149/17 (State of M.P. Vs. Vinod Pal and Anr.), after evaluation of evidence, convicted and sentenced the petitioners under Sec. 324/34 of IPC with RI six months and with fine of Rs.1,000.00 with default stipulation and also convicted petitioner Vinod Pal under Sec. 25(1-B) (b) of Arms Act and sentenced him RI for one year and with fine of Rs.1,000.00 with default stipulation. Against the aforesaid judgment, petitioners filed an appeal before the Sessions Court and Additional Session Judge, Berasiya, District Bhopal vide judgment dtd. 25/1/2025 passed in Cr.A.No.21/2024 dismissed the appeal of the petitioners and affirmed the findings of the trial Court.