MANIK CHAND Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANTS have preferred this revision against the appellate judgment dated 11. 12. 98 passed by First Additional Sessions Judge, sidhi in Criminal Appeal No. 7/89, whereby the conviction of the applicants recorded under Section 452/34, 323/34 and 427/34 of IPC as recorded by Judicial Magistrate First Class, Deosar, District Sidhi in criminal Case No. 127/85 has been affirmed.

(2.) APPLICANTS were tried for the offences under Section 452, 323, 427/34 of IPC before Judicial Magistrate First Class, Deosar, District sidhi. As per prosecution allegations, on 31. 3. 85 about 3. 30 P. M. when complainant Satyanarayan was sitting inside his sweets shop situated at village Naudhiya, applicants carrying lathis entered into his shop built in his house, hurled abuses and began marpeet with Satyanarayan by lathi causing various injuries to him. When his father Mangal, wife Gulbi and babulal came to his rescue, applicants assaulted them as well causing injuries. The applicants also broke the glasses of the almirah and damaged the sweets kept inside. The FIR of the incident was lodged at police Station Jiyawan, Sidhi, on the basis of which an offence was registered against the applicants and was investigated. Complainant and injured persons were sent for medical examination. After due investigation, applicants were prosecuted under Sections 452, 323, 427/34 of IPC.

(3.) AFTER trial, learned Judicial Magistrate First Class, Deosar, found the applicants guilty for commission of the offences under Section 452, 323, 427/34 of IPC and sentenced them to rigorous imprisonment for one year, three months and four months for the respective offences vide judgment dated 31. 1. 89 passed in Criminal Case No. 127/85.