LAXMI NARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) Through this revision, the applicants/complainants have assailed the judgment dated 30.05.09 passed in Criminal Appeal No.183/2007 by learned Special Judge (SC & ST) Act, District - Sehore, whereby learned Appellate Court has reduced the jail sentence of six months awarded by learned JMFC, Sehore in RT No.143/05 vide judgment dated 23.08.07 to respondents no.2 to 6 (hereinafter referred to as "the accused") under Section 323 of IPC, and instead of that, fine of Rs.1,000/ - was imposed on each of the accused. However, the accused were acquitted for the offence punishable under Section 324 of IPC as it has not been found proved by the appellate Court.

(2.) The prosecution story is that on 27.12.96 in the evening at about 7 O'clock, accused have assaulted the applicants by means of lathi and farsi over some dispute taken place earlier, as a result of which applicants received grievous injuries. FIR Ex.P/1 was lodged by applicants. After recording the statements of prosecution witnesses and completing the investigation, the police charge sheeted the accused. The respondent no.2 Kishor Singh was charged and tried for the offences punishable under Sections 294,323,325,506 Part II and Section 324 of IPC and respondent no.3 to 6 were charged and tried for the offences punishable under Sections 294,323,325 and 506 Part II IPC.

(3.) The accused abjured the guilt hence they were put to trial.