RATIRAM Vs. STATE OF M P

JUDGEMENT

(1.) This revision under Section 397/401 of Cr.P.C. has been filed against the judgment dated 28/8/2014 passed by Sessions Judge, Sheopur in Criminal Appeal No.41/2014 arising out of judgment and sentence dated 13/6/2014 passed by the JMFC, Vijaypur, District Sheopur in Criminal Case No.348/2012.

(2.) The trial court by judgment dated 13/6/2014 had convicted the applicant for offence under Sections 354 and 323 of IPC and sentenced him to undergo rigorous imprisonment of one year and fine of Rs.200/- with default imprisonment for offence under Section 354 of IPC and rigorous imprisonment of three months and fine of Rs.100/-for offence under Section 323 of IPC. In appeal, the appellate court while maintaining the conviction awarded by the trial court, reduced the sentence of one year for offence under Section 354 of IPC to rigorous imprisonment of three months and fine of Rs.200/- with default imprisonment and acquitted the applicant for offence under Section 323 of IPC for causing injuries to injured-Ramprasad.

(3.) The necessary facts for the disposal of the present application in short are that the prosecutrix lodged a report on 6/6/2012 at 21:30 hours alleging that at about 19:00 hours the applicant caught hold of her from her waist and threw her on the ground and pressed her throat, as a result of which, she sustained injuries. After hearing her cries, her mother-in-law and the husband tried to intervene and the applicant also assaulted her mother-in-law and the husband. At that time the co-accused Chiraunji Kushwaha also came on the spot and he started abusing them. The incident was witnessed by O.P. Kushwaha and Keshav Kushwaha. On the report of the prosecutrix the police registered a crime and after preparing the spot map and recording the statements of the witnesses as well as after arresting the applicant and the co-accused Chiraunji Kushwaha, filed charge-sheet against the applicant and co-accused Chiraunji Kushwaha for offence under Sections 354, 323, 294, 506, 34 of IPC.