RAJU CHOWDHARI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision has been filed by the applicant under Section 397/401 of the Code of Criminal Procedure being aggrieved by the judgment dated 20.06.2000 passed by the II Additional Sessions Judge, Rewa in Criminal Appeal No. 220/1999 whereby the learned II Additional Sessions Judge has affirmed the conviction of applicant under Section 326 of IPC passed by the Judicial Magistrate First Class, Rewa in Criminal Case No. 1110/98 vide judgment dated 24.08.1999 and modifying the sentence from three years to two years has maintained the fine of Rs. 500/- with default clause.

(2.) In brief the facts of the case are that on 14.03.1992 at around 7.00 in the morning a dispute arose between complainant Babulal and his brother Mahaveer after an objection raised by the complainant over the erection of fencing by his brother Mahaveer. As per prosecution, a litigation was going on between them and also the partition had not taken place between them. The co-accused Mahaveer and his son Raju who is the present applicant, abused the complainant Babulal. It is stated that the applicant - Raju came with a sword and assaulted the complainant on his right knee. When the complainant tried to escape, he was caught by co-accused persons and was beaten by them.

(3.) After the evidence was led, the learned Trial Court vide judgment dated 24.8.1999 has convicted the applicant Raju under Section 326 of IPC and sentenced him to suffer RI for three years with fine of Rs. 500/- with default clause. In an appeal, the learned Judge of the lower appellate court vide judgment dated 20.06.2000 has affirmed the conviction and modified the sentence from three years to two years maintaining the fine amount as awarded by the learned Trial Court.