KRISHNA LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision under Section 397 read with 401 of Cr.P.C. has been preferred by the applicant/accused against the judgment dated 21.12.2005, passed by learned Sessions Judge, East Nimar, Khandwa (M.P.), in Criminal Appeal No.137/2004, whereby learned appellate Court has partly allowed the appeal filed by the applicant against the judgment dated 24.08.2004, passed by Judicial Magistrate First Class, Khandwa, in Criminal Case No.972/2003, wherein the applicant/accused has been convicted for commission of an offense punishable under Section 324 of IPC and sentenced to undergo R.I for one year and fine of Rs.1,000/-, the appellate Court maintained the conviction and modified the sentence and reduce it to R.I. for six months and fine of Rs.1,000/-

(2.) The case of prosecution in brief is that on 17.10.1999 at about 10 O'Clock in the night, in village Pipalkota, the complainant Ashok was carrying a Radio set to install it in the Goddess Durga Ji celebration function. The applicant stopped him on the road and assaulted him by an axe inflicting simple injuries on his left hand and neck. The witness Jaipal (PW-2), Bhaiyalal (PW-5) and Narayan (PW-6) had seen the incident. The complainant was brought to community health center village Moondi, where Dr. Ravindra Gangrade (PW-7) examined him and he was admitted in the hospital. The information of admission of complainant was sent to police station Moondi by the doctor. Head Constable Heeralal (PW- 9) recorded the rojnamcha sanha Ex.P-4 and obtained the MLC report. Thereafter, a FIR Ex.P-1 was recorded and an offence was registered against the applicant. The police seized the axe from applicant. The statements of witnesses were recorded. It is found that the applicant suspects illicit relationship between his wife and complainant and due to this enmity, he had assaulted the complainant. After completion of investigation, a charge sheet has been filed before the trial Court.

(3.) The trial Court has framed the charge against the applicant under Section 324 of IPC. Applicant abjured guilt. After conclusion of trial, the trial Court passed the judgment dated 24.08.2004 and found the applicant guilty for commission of offence punishable under Section 324 IPC and sentenced as mentioned hereinabove. The applicant has preferred the appeal against the impugned judgment before Session Judge, Khandwa (M.P.), who partly allowed the appeal and maintained the conviction but reduce the sentence by six months. Against this, the applicant has preferred present revision.