RAGHU 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 14.9.2012 passed by Ist Additional Sessions Judge, Guna in Cri.Appeal No.428/2011, whereby partly allowing the appeal convicted the applicant under Section 325/34 of IPC and sentenced him to undergo three months RI with fine of Rs.200/- and under Section 323/34 IPC sentenced him to fine of Rs.500/-. The Judicial Magistrate First Class, Raghogarh had convicted the applicant under Sections 325/34 and 323/34 IPC and sentenced to one year RI with fine of Rs.200/- and six months RI with fine of Rs.100/- respectively vide judgment dated 20.9.2011 in Criminal Case No. 711/2008.

(2.) During the course of pendency of the present revision, applicant Bablu S/o Ganesha died on 28.9.2016, therefore, the revision in respect of the applicant Bablu stood abated vide order dated 20.1.2017.

(3.) As per prosecution case, on 18.7.2008 at about 9.00 pm, complainant after having meal came out of his house, at the relevant time accused Raghu abused him on account of previous enmity. On protest by complainant, accused Raghu caused axe below on the head of complainant. Kumuriya Bai, wife of complainant, tried to save him then accused Sunderlal gave lathi below on her left hand. Thereafter, accused Bablu (since dead) caused lathi below on the shoulder of complainant. The matter was reported to the Police Chowki, Ruthiyai. After completion of the investigation charge sheet was filed before the JMFC, Raghogarh.