GUDDA Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973, hereinafter referred to in short the Code , has been filed by the applicant assailing the judgment of conviction dated 02.04.2007, delivered by learned Third Additional Sessions Judge, Begamganj, District Raisen, in Criminal Appeal No.274/2006, arising out of judgment and finding dated 31.10.2006, delivered in Criminal Case No.232/2005, by learned Judicial Magistrate First Class, Gairatganj, whereby the applicant has been convicted under Sections 323 and 354 of IPC and sentenced to undergo till rising of the court simple imprisonment and to pay a fine of Rs.200/- and in default of payment of fine, he is directed to undergo further 30 (thirty) days simple imprisonment and sentenced to undergo six months simple imprisonment and to pay a fine of Rs.200/-.

(2.) To appreciate the say of the applicant, I would like to say that basic case that was placed before the trial Court in nutshell is that at about 7.00 p.m. on 13.11.2005 an FIR was lodged by the complainant Poona Bai (PW/1) at Police Station Dehgaon, District Raisen under Crime No.249/2005 under Sections 323 and 354 of IPC with regard to the fact that the complainant Poona Bai was at home on 12.11.2005 the applicant came to her house and assault with the complainant. After due investigation, charge-sheet has been filed against the applicant.

(3.) Learned trial Court framed the charge punishable under Sections 323 and 354 of IPC against the applicant, who abjured the guilt, and therefore, put for trial.