BHURE SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Applicants have preferred this revision against the appellate judgment dated 29.7.97 passed by Ist Additional Sessions Judge, Katni in Criminal Appeal No. 6/94, whereby the order of conviction of the applicants recorded by Additional Chief Judicial Magistrate, Katni under section 324 & 324/34 of IPC has been affirmed.

(2.) Applicants were tried for the offence under section 324 of IPC before Additional Chief Judicial Magistrate, Katni. As per prosecution allegations, on 25.1.83 at about 1 'O'clock in the noon, when complainant Tulsi was returning back from the jungle of village Naredi after picking up the bones, he was interrupted by three persons of village Naredi. Complainant Tulsi knew those persons, who were Thakurs of the village Naredi, but he did not know their names. Those three persons hurled obscene abuses and caused hurt to complainant Tulsi by 'tangia' on his head, left hand and the back. The FIR of the incident was lodged by complainant Tulsi at Police Station Vijayraghavgarh, on the basis of which an offence was registered against the applicants and was investigated. Applicants were also put to test identification by the complainant. After due investigation, applicants were prosecuted under section 323, 324, 324/34 of IPC.

(3.) After trial, Additional Chief Judicial Magistrate, Katni found the applicants guilty and convicted applicant Bhure Singh under section 324 of IPC, whereas applicant Shyam Bahadur @ Bhaiya was convicted under section 324/34 of IPC and each of them were sentenced to rigorous imprisonment for two years vide judgment dated 9.10.92 passed in Criminal Case No. 386/83. In Criminal Appeal filed by the applicants against the aforesaid order of conviction and sentence passed by Additional Chief Judicial Magistrate, Katni, the appellate court, after considering the evidence on record, affirmed the conviction of the applicants under section 324 & 324/34 of IPC respectively and modified the sentence imposed on them to rigorous imprisonment for one year by the impugned judgment, which has been assailed in this revision.