SURESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present applicant is aggrieved by the judgment dated 5.11.2015 pronounced by Additional Sessions Judge, Sironj, Link Court Ganjbasoda, District Vidisha (MP) in Criminal Appeal No. 63/2014, whereby partly affirmed the judgment dated 4.3.2014 pronounced by Judicial Magistrate First Class, Ganjbasoda in Criminal Case No. 1775/2007, whereby the applicant has been convicted for the offence punishable under Section 324/34 IPC and sentenced him to suffer one year RI.

(2.) The prosecution story briefly stated is that on 17.11.2007, when the complainant was busy in preparing cow-dung bricks (Kanda), at the same time Gajendra and Suresh (applicant) came and hurled filthy abuses. On her resist, Gajendra injured the complainant with a blade due to which blood oozed from her right wrist and applicantaccused Suresh caught and gave her kicks and fists blows. The matter was reported to Police Station Ganjbasoda, District Vidisha, where an FIR bearing Crime No. 933/2007 was registered against the accused persons on 17.11.2007 and the charge-sheet was submitted against the present applicant leaving out the accused Gajendra (as absconding) on 02.12.2007.

(3.) After framing the charge and recording the evidence, the trial court convicted the applicant under Sections 323 and 324/34 IPC but the appellate Court acquitted the applicant from the offence under Section 323 IPC and convicted him for the offence punishable under Section 324/34 IPC and sentenced as stated herein above. Hence, this revision petition.