RAMDAYAL 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 applicant being aggrieved by the judgment dated 13.12.2013 passed by First Additional Sessions Judge, Sheopur in Cri.Appeal No.82/2012, modifying the judgment dated 30.8.2012 passed by Judicial Magistrate First Class, Sheopure in Criminal Case No. 925/2006, by which the conviction of the applicant under Section 326 of IPC has been maintained, however, the sentence has been reduced from two years RI to one year RI with fine of Rs.500/- with default stipulation.

(2.) The prosecution story in brief is that on 17.9.2000 at 4 pm, complainant Soji was lying down on a cot, that time applicant/accused Ramdayal came there armed with an axe and started abusing him. On the complainant's protest the applicant gave axe belows on his left side of lip and right palm. The incident was witnessed by Narayan and Sitaram, who intervened in the incident. According to complainant, there was previous enmity with the applicant on the issue of goats. The matter was reported to Police Station Sheopur, who initially registered the FIR for the offences punishable under Sections 324, 323 and 504 IPC at Crime No. 295/2014 and after receipt of medical examination report, Section 326 of IPC was added. On completion of investigation, the police filed charge sheet before JMFC Sheopur.

(3.) After framing the charge and recording the evidence, the offence under Section 326 IPC was found proved and the applicant was convicted under the aforesaid section and sentenced to two years RI with fine of Rs.500/-. Against the judgment of the trial court, the appeal was preferred before the Sessions Court and Ist Additional Sessions Judge Sheopur maintained the conviction but modified the sentence by reducing it from two years RI to one year RI with fine of Rs.500/-, which is the subject matter of challenge in this revision application.