PRAMOD RAJPOOT Vs. STATE OF MP.

JUDGEMENT

(1.) This Criminal Revision has been filed under Sections 397 , 401 of Cr.P.C. against the judgment and sentence dated 26-9-2016 passed by Third Additional Judge to the Court of 1 st Additional Sessions Judge, Gwalior in Criminal Appeal No.121/2016 arising out of judgment and sentence dated 28-1-2016 passed by J.M.F.C., Gwalior in Criminal Case No.2899/2012 by which the applicant has been convicted under Section 324 (2 counts) of I.P.C . and under Section 25 (1-B)(a) of Arms Act and has been sentenced to undergo the rigorous imprisonment of 8 months and a fine of Rs.1,000/- with default imprisonment for offence under Section 324 (2 counts) and for rigorous imprisonment of 1 year and a fine of Rs.1000/- with default imprisonment for offence under Section 25(1B)(a) of Arms Act.

(2.) The necessary facts for the disposal of the present criminal revision in short are that on 14-3-2012, the complainant Shubham Yadav (P.W.1) lodged a report against the petitioner on the allegation that he had gone to the house of his aunt along with his mother. He parked his motor cycle in front of the house of the neighbour. The applicant started abusing the complainant as to why he has parked his motor cycle in front of his house. When the complainant objected to the act of the applicant, then the applicant assaulted the complainant by a sword causing injury on his head. When his mother came out of the house in order to save him, She too was assaulted by the applicant. On these allegations, the police registered the F.I.R. For offence under Sections 323 , 294 , 506 Part II of I.P.C.

(3.) The complainant and the injured were sent for medical examination. After recording the statements of the witnesses and completing the investigation, the police filed the charge sheet against the applicant for offence under Sections 294 , 323 , 324 , 506 Part II of I.P.C. and under Section 25 (1-B) of Arms Act.