RAMESHWAR AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this criminal revision under Section 397 read with Section 401 of Cr.P.C. Against the judgment dated 18.1.2006 passed by Vth Additional Sessions Judge (Fast Track), Morena in Cri.Appeal No.235/2005, affirming the conviction of the applicants under Sections 323, 325/34 of IPC the sentence was reduced till rising of the court with fine of Rs.2000/- each under Section 325/34 IPC and fine of Rs.500/- each under Section 323 IPC. The applicants were convicted under Sections 325 and 323 IPC and sentenced to one year and six months RI with fine of Rs.400/- each and six months RI with fine of Rs.200/- each, respectively, vide judgment dated 5.10.2005 passed by Judicial Magistrate First Class Jora, District Morena in Criminal Case No.1272/2004.

(2.) The prosecution case in brief is that on 2.11.2001 complainant Smt. Sharda Sharma lodged a report to the effect that on the same day at about 4.30 pm the applicants were watering in their field, at the same time complainant Sharda Bai came and prevented them not to take out the water from her field and during the course of arguments between them, the applicants hurled filthy language against her. The applicants caught hold her and accused Manoj and Banti gave lathi blowon her back and buttock. When her husband came for rescue then Manoj and Banti also gave beating to him, as a result he sustained injuries on his both the legs. The incident was reported to Police Station Sumawali, District Morena, where the case was registered at Crime No.96/2001 for the offences under Sections 341, 294, 323, 506/34 of IPC. The complainant was referred for medical examination. As per x-ray report, a fracture of tarsal bone of right foot of Sharda Bai was found.

(3.) The trial Court after framing of charge and recording of evidence, found the accused persons guilty for the offences punishable under Sections 323 and 324 read with Section 34 of IPC, convicted and sentenced them as stated herein above. Being aggrieved by the aforesaid judgment, the applicants filed criminal appeal, which was partly allowed. Vth Additional Sessions Judge (Fast Track) Morena though maintained the conviction but sentence of imprisonment under Section 325/34 IPC was reduced till rising of the Court with fine of Rs.3000/- and under Section 323 IPC, sentenced to fine of Rs.500/- each. Hence, this revision.