MANOHARI SOMJI BASOD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IT is a Revision Petition against holding of the accused/appellant guilty for committing offences punishable under sections 324 and 326 of the Indian Penal Code and sentencing him to rigorous imprisonment for six months and one year respectively.

(2.) PROSECUTION case is that on 13-1-1984, marriage ceremony of Sashikant (PW/5) was going to be convened at village Ratamati, where he resides. Accused Manohari also used to reside in village Ratamati, but had shifted from the said village to Betul Bazar about 10 or 12 years prior to the date of incident. However, the accused had not sold his house situated at village Ratamati and he used to occasionally visit the said village where he once used to reside. On 13-1-1984, also the accused had come to village Ratamati.

(3.) KUNDAN (PW/2), Kishorilal (PW/3), Babulal (PW/6) and accused Manohari had gathered in the house of Babulal (PW/6) for gambling there. The house of Babulal (PW/6) is near the house of Sashikant (PW/5 ). There Kundan and Babulal appear to have consumed some liquor. Kundan was telling the accused that they should not gamble in the house of Babulal because if the police would come to village, they would be apprehended. However, the accused insisted that they would gamble in the house of Babulal (PW/6) only. On account of it, a quarrel took place between Kundan on one hand and the accused/appellant on the other. The accused filthily abusing Kundan (PW/2), made an attack on him and chased him. Kundan (PW/2) tried to run away and escape. However, the accused caught hold of Kundan and threw him on the ground where rubbish of the house of Babulal was being thrown. Thereafter, the accused voluntarily caused hurt by means of his teeth on the left eye-brow of Kundan.