YASHPAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is under Section 397 read with Section 401, Cr. PC.

(2.) THE accused/applicant Yashpal Singh, alongwith two other accused, was prosecuted by the Judicial Magistrate First Class, Jabalpur in criminal Case No. 2811/95 parties being State Vs. Ramesh, Yashpal and Sharad. By its judgment and order dated 6-2-2004 the Trial Court convicted the applicant under Section 325, IPC, to undergo sentence of simple imprisonment for a period of three months and pay a fine of Rs. 500/- and in default to undergo further simple imprisonment for a period of one month. Against this judgment of conviction and sentence accused preferred appeal before the Sessions Court. The Court of 4th Additional Sessions Judge, Jabalpur by its judgment dated 15-7-2005 in Criminal Appeal No. 48/2004 parties being Yashpal Vs. State upheld the conviction of the applicant. As regards sentence part the Appellate court suspended the sentence but granted benefit under Section 4 of the probation of Offenders Act. In addition to it, the Court ordered the accused to pay a compensation of Rs. 7500/- under Section 357, Cr. PC to Yogesh Bhatia.

(3.) PARTIES heard, record perused.