KEDAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision under Section 397 read with Section 401 of the Cr.P.C has been directed against the order dated 10.07.2013, passed by 2nd A.S.J, Chhatarpur, in Criminal Appeal No. 72/2011, whereby the judgment dated 08.03.2011, passed by J.M.F.C, Loudi, (Lavkushnagar) in Criminal Case No. 250/2010, convicting the petitioner for offence under Sections 325 and 323 of I.P.C and sentenced to six months simple imprisonment with fine of Rs.2,000/- and only simple imprisonment of one month respectively has been affirmed and conviction under Section 294 of I.P.C has been set aside.

(2.) The prosecution story in brief is that on 04.01.2004, at about 7 pm, the accused persons Kedar and Binda were loitering in front of the house of complainant- Madan. When the complainant- Madan asked them not to do so, the accused persons abused the complainant with obscene words and they inflicted injuries to the complainant by means of wooden stick. The complainant shouted. His wife Sushma, son Surendra came to the scene of crime and saved him. The accused allegedly inflicted injury to them. On lodging the report, the injured was sent for medical examination and after investigation, charge sheet was filed under Sections 294, 323, 325 and 506 of I.P.C.

(3.) During the trial, the co-accused Binda died, therefore, the learned trial Court pronounced the judgment on 08.03.2011 with regard to the petitioner- Kedar. The learned trial Court convicted the petitioner. The appellate Court acquitted the petitioner for offence under Section 294 of I.P.C but confirmed the conviction and sentence passed by the learned J.M.F.C for offence under Sections 325 and 323 of I.P.C and sentenced as mentioned above.