SHAMBHULAL AND ANOTHER Vs. STATE OF MP

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of Cr.P.C. has been filed by the applicants being aggrieved by the judgment dated 4.8.2016 passed by Sessions Judge, Sheopur in Cri.Appeal No.100002/2016, whereby partly allowing the appeal convicted the applicants under Section 325/34 of IPC and sentenced them to undergo six months RI with fine of Rs.500/- each and further fifteen days RI in default of payment of fine amount. The Judicial Magistrate First Class, Sheopur had convicted the applicants under Sections 324/34 and 325/34 IPC and sentenced to six months RI with fine of Rs.500/- each and six months RI with fine of Rs.500/- each, respectively vide judgment dated 26.12.2015 in Criminal Case No. 1283/2011.

(2.) As per prosecution case, complainant Kailash carries on the work of grinding in his flour mill. At the relevant point of time, applicant Shambhulal and Raju along with Hemraj and Dhapabai reached there and hurled filthy language to him. When the complainant resisted, applicant Shambhulal started beating him by iron rod (sariya). Accused Hemraj gave a blow by Gandasa on his back. Accused Dhapabai also gave Gandasa blow on his right hand. As a result of the injuries the blood started oozing. The matter was reported to the Police Station Kotwali, Sheopure, from where he was sent for medical examination. As per X-ray report, a fracture was found on his right ulna. The case was registered at Crime No. 450/2011 under Sections 324, 323, 504 IPC and after completion of the investigation charge sheet was filed before the JMFC, Sheopur.

(3.) After framing the charge and recording the evidence, the offences under Sections 324/34 and 325/34 IPC were found proved and the applicants were convicted and sentenced as stated herein above. Against the judgment of the trial court, the appeal was preferred which was partly allowed and the applicants were acquitted of the charge under Section 324/34 IPC but were convicted and sentenced under Section 325/34 IPC by the Sessions Judge, Sheopur. Hence, this revision petition.