DEEPAK NAMDEV Vs. STATE OF M P

JUDGEMENT

(1.) The present criminal revision has been filed under Section 397/401 of Cr.P.C. against the order dated 31.12.2016 passed by the Sessions Judge Session division, Damoh, District Damoh (M.P.) whereby the learned Judge has confirmed the order dated 17.11.2016 passed in Criminal Case No.3907/2008 by the Additional Chief Judicial Magistrate, District Damoh (M.P.) wherein the applicant has been convicted for commission of offence punishable under Section 326 of IPC and sentenced to undergo two years rigorous imprisonment with fine of Rs. 1000/-, each with default clause.

(2.) The facts giving rise to the present revision are that on 07.09.2008 at around 7.30 pm when the PW/1 complainant Kamal @ Kallu and the accused/applicant Deepak were sitting at Sandeep Choubey's grocery shop at that time the applicant demanded a sum of Rs. 20/- from the complainant and when he refused to pay the same, an altercation took place between them, however, at that time the applicant went back to his home. It is alleged that in the night at around 9-10 pm when the complainant Kamal was sitting at Sandeep Choubey's shop and was talking to Nitin Mishra, Bunty Purohit & Pappu, at that time the applicant came to the said shop from behind armed with a sword and assaulted the complainant 4-5 times because of this he received as many as five injuries on his left hand and head etc. when the other persons intervene, the applicant ran away from the spot. The complainant was taken to the Jabalpur Hospital and the FIR (Ex. P/1) in the present case was lodged on 20.09.2008 under Sections 324, 294 & 506 (Part-II) of IPC.

(3.) However, in the trial, after the evidence was led by the parties, vide order dated 17.11.2016 passed by the trial court, the applicant was convicted under Section 326 of IPC and in an appeal preferred against the said order, the appeal was also dismissed by the lower appellate Court vide its order dated 31.12.2016 confirming the aforesaid order whereby the applicant was sentenced to 2 years R.I. and a fine of Rs. 1000/- with default clause.