BALVEER SINGH @ BALLU 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 17.06.2016 passed by Second Additional Sessions Judge, Gohad in Cri.Appeal No.220/2015, whereby the Sessions Court convicted the applicant only under Section 334 of IPC and sentenced to one month rigorous imprisonment with fine of Rs.500/- and thus, modified the judgment dated 8.4.2015, passed by Judicial Magistrate First Class, Gohad in Criminal Case No. 88/2014, by which the applicant has been convicted under Section 294 IPC and sentenced to fine of Rs.500/- and under Section 324 IPC sentenced to one year RI with fine of Rs.500/-.

(2.) The prosecution story in brief is that on 1.1.2014 complainant Kiran made a written complaint in respect of ill-treatment and beating given by the accused persons and injuring her cheek, hurling of filthy abuses and threatening of life by Ballu (present applicant). On the basis of complaint, Police Station Mhow registered the case bearing Crime No. 2/2014 for commission of offence punishable under Sections 498-A, 294, 323 and 506-B of IPC. On completion of investigation, the police filed charge sheet before JMFC Gohad.

(3.) After framing the charge and recording the evidence, the offences under Sections 294 and 324 IPC were found proved against applicant Balveer Singh @ Ballu and the applicant was convicted and sentenced as stated herein above. Against the judgment of the trial court, the appeal was preferred. The appellate Court modified the judgment and convicted the applicant under Section 334 of IPC only and sentenced him to one moth RI with fine of Rs.500/-. Hence, this revision petition.