RAJKUMAR AND ANOTHER 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 applicants being aggrieved by the judgment dated 6.4.2017 passed by Additional Sessions Judge, Ambah, District Morena in Cri.Appeal No.02/2016, whereby confirmed the judgment dated 15.12.2015 passed by Judicial Magistrate First Class, Ambah in Criminal Case No.761/2007 convicting the applicants under Sections 325/34 and 323/34 of IPC and sentenced each of them to undergo one year rigorous imprisonment RI with fine of Rs.1000/- and further one month RI in default of payment of fine amount.

(2.) As per prosecution case, on 5.7.2007 at about 11 am complainant Chironjilal was coming to Ambah by bicycle to get the goods, as soon as he reached to Bhadoli Road near crematorium, accused Vijendra, Naresh, Rajkumar and Shiv Singh stopped him on the way. Accused Vijendra, Rajkumar, Shiv Singh and Naresh were armed with 12 bore rifle, katta, sword and lathi. They abused the complainant. Naresh gave lathi blow on the wrist of right hand, Shiv Singh assaulted by sword, Vijendra fired on him, the complainant fell down then Naresh gave lathi blow on his back. At that time accused Barelal came there and gave lathi blow on his back and told to kill him. Jaswant and Amar Singh saved the complainant. The matter was reported to the Police Station Ambah, where the FIR was registered at Crime No.247/2007. During investigation the complainant was sent for medical examination. On x-ray examination, fracture was found on radius ulna bone. After completion of the investigation charge sheet was filed before the JMFC, Ambah.

(3.) After framing the charge and recording the evidence, the offences under Sections 325/34 and 323/34 IPC were found proved and the applicants were convicted and sentenced as stated herein above. Against the judgment of the trial court, the appeal was preferred which was dismissed and the conviction and sentence passed by JMFC Ambah under the aforesaid section was maintained. Hence, this revision petition.