KUMAN Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision is directed against the order of conviction and sentence recorded by the Sessions Judge, Chhatarpur on 8.7.1992 in Criminal Appeal No. 26/90 whereby he dismissed the appeal, modifying the sentence of imprisonment of the applicants.

(2.) The applicants were prosecuted before the J.M.F.C, Navgao in Criminal Case No. 303/88 on the allegation that in the intervening night of 1.7.1988 when the complainant Ramkripal, P.W. 1 was sleeping in his house, the applicants came there armed with an axe and barchi, and applicant No.1 assaulted the complainant by an axe. On halla, villagers arrive and the applicants escaped. Complainant Ram Kripal, P.W. 1 lodged a report before the police in the same night, on the basis of which FIR, was drawn up and the investigation proceeded. Police after investigation submitted, chargesheet, against the applicants.

(3.) The trial of the applicants commence before the J.M.F.C., Navgao who on consideration of the evidence convicted the applicant No.1 Kuman u/s. 323 IPC and applicant No.2 u/s. 323/34 IPC and sentenced each of them to undergo R.I. for one year.