RAMNARESH @ BADE LALA Vs. CHANDRA PRAKASH AND ANOTHER

JUDGEMENT

(1.) This revision application has been preferred by the applicant under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 against the order dated 24.10.2016 passed by the Additional Sessions Judge, Datia in Criminal Appeal No.100052/2016, whereby the judgment dated 14.11.2015 passed by Judicial Magistrate First Class, Datia in Criminal Case No.300/2009 has been upheld and applicant has been convicted under Sections 147, 323/149 (on two counts) and sentenced to fine of Rs.600/- and Rs.700/- respectively with default stipulation.

(2.) Brief facts of the case are that on 17.10.2008 at about 8-9 pm. Complainant Chandraprakash was sitting in his house, at that time applicant along with other co-accused reached and hurled filthy abuses. Accused Brijesh was armed with 12 bore licenced gun and other accused persons were also having guns. They assaulted on the complainant and gave fists blow and threw stones upon the complainant and his sister-in-law, which caused injuries to them. The matter was reported to the Police Station but no action has been taken by the police, thereafter, the complainant moved to the trial Court and the trial Court after recording statements of the witnesses under Sections 200 and 202, CrPC, took cognizance against the applicant and other coaccused persons for the offence punishable under Sections 148, 323/149, 294, 506 (Part-II) of IPC and directed registration of the case accordingly.

(3.) Trial Court on the material brought on record acquitted the applicant from the charge under Sections 294, 506 (PartII) and 148 of IPC but convicted under Section 147 and 323/149 (on two counts) and sentenced him as stated herein above. The Appellate Court confirmed the judgment of conviction and sentence passed by the trial Court.