BHAROSI Vs. STATE OF M. P.

JUDGEMENT

(1.) PETITIONERS have filed this revision petition against the order dated 15.12.2000 passed by Additional Sessions Judge. Sheopurkalan, in Criminal Appeal no. 7/99 whereby the appellate Court maintained the conviction under section 324 r/w section 34 and set aside the conviction under section 323 r/w section 34, IPC. Appellants are convicted under section 324 r/w section 34 of IPC and sentenced to undergo imprisonment for six months each and fine of Rs. 250/ - each. In default of payment of fine, they are directed to undergo further SI for one month each.

(2.) IT is submitted on behalf of the petitioners that the incident occurred due to dispute on water in the field and as per prosecution story petitioner No.2 Bajranglal inflicted injury on the complainant Kailash by Khutia which is a sharp edged weapon which caused injury to his head and petitioner No.1 Bharosi caused injury from the hard side of Mudal which caused injuries to the complainant on his back side and also on the shoulder of left hand. It is submitted by the counsel for the petitioners that from the evidence, offence against the petitioners were not proved and further his main grievance is that the Courts below have not considered to give benefit under section 360 of CrPC. From the side of the prosecution, the findings recorded by the Courts below are supported.

(3.) THERE is concurrent finding of facts regarding the injury sustained by the petitioners by sharp edged and hard edged weapon which corroborated by the medical evidence also. From the perusal of record, it does not appear that Court below has not appreciated the evidence properly. It appears that the findings are based on evidence adduced by the prosecution and the appreciation of evidence is also proper, therefore, there is no need to re -appreciate the evidence.