NEELKANTH @ MUNNU Vs. STATE OF M P

JUDGEMENT

(1.) This revision under Section 397 read with Section 401 of Cr.P.C. has been preferred by the petitioner challenging the judgment dated 27/01/2000, passed by the Session Judge, Sagar, in Criminal Appeal No.115/1999, wherein the jugdment dated 09/08/1999 passed by the CJM, Sagar, in Criminal Case No.930/1998, convicting the petitioner for offence under Section 326 of IPC has been affirmed, but conviction under Section 506-B of IPC has been set aside. The petitioner has been sentenced to rigorous imprisonment for 6 months and fine of Rs.500/- and in lieu of fine additional rigorous imprisonment for 2 months.

(2.) The prosecution story in brief is that, the complainant/Mahesh Tiwari was standing at the shop of Ramdas Thakur situated at Batashawali Street and was enjoying his tea. The petitioner had a quarrel with one Sushil Jain with regard to some trasaction of money. Mahesh Tiwari (PW/1) intervened and tried to pacify the dispute. Sushil Jain left for Kotwali to lodge report. The petitioner after sometime armed with a Bakka (a type of sword like weapon) and without saying anything started inflicted injury to Mahesh Tiwari (PW/1). The little finger of Mahesh Tiwari was cut. Mahesh Tiwari (PW/1) ran away from the spot and trying to escape entered into the shop of Ashok (PW/4). The petitioner armed with Bakka came to the shop of Ashok and started abusing the complainant and also threatened of his life. Rajkumar Thakur (PW/2), Ashok Kumar (PW/4) and Sitaram (PW/6) witnessed the incident. Police Kotwali Sagar, filed charge-sheet under Sections 326, 294 and 506-B of IPC.

(3.) Learned JMFC has framed charges under Sections 294, 506-B and 326 of IPC. The petitioner abjured guilt and has pleaded that there was a dispute of some money transaction because the complainant wanted to avoid payment of money, he has falsely implicated the petitioner. Learned JMFC after adduced the evidence pronounced the judgement on 09/08/1999 and acquitted the petitioner for offense under Section 294 of IPC and convicted the petitioner for offense under Section 326 of IPC. The petitioner has been sentenced to 2 years rigorous imprisonment with fine of Rs.1,000/- and in lieu of fine to undergo additional sentence of 2 months rigorous imprisonment. He has been sentenced to 6 months rigorous imprisonment for offense under Section 506-B of IPC.