BHAGWAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Applicants have preferred this revision against the appellate judgment dated 23.12.06 passed by First Additional Sessions Judge, Sehore in Criminal Appeal No. 117/06 arising out of the judgment dated 07.08.06 passed by Judicial Magistrate First Class, Sehore (Camp Ichchhawar) in Criminal Case No. 120/04.

(2.) Applicants were tried for the offences under Sections 341, 323, 324/34, 325/34 and 506 Part 11 of IPC before the Judicial Magistrate First Class, Sehore (Camp Ichchhawar). As per prosecution allegations, on 14.12.03 about 3 o clock in the noon at village Avalikheda when complainant Nannulal was in his field, applicant Bhagwan Singh came there and asked him not to go through his field and thereafter began assaulting him by an axe. On his shouting for help, complainant s son Santosh came there, then applicant Bhagwan Singh and other applicants began assaulting his son Santosh. Thereafter ail the applicants again assaulted complainant Nannulal and did not allow him to escape; as a result both complainant Nannulal and his son sustained several injuries. The FIR of the incident was lodged at Police Station Bilkisganj, District Sehore, on the basis of which an offence was registered against the applicants and was investigated. After due investigation, applicants were prosecuted under Sections 341, 323, 324, 325/34 and 506 Part-II of IPC.

(3.) After trial, learned Judicial Magistrate First Class, (Camp Ichchhawar) Sehore, acquitted the applicants of the charges under Sections 341, 506 Part-II of IPC, but found them guilty under Sections 325/34 and 323/34 of IPC for causing grievous hurt to Nannulal and simple hurt to his son Santosh respectively, sentenced them to rigorous imprisonment for two years with fine of Rs. 200/- for the offence under Section 325/34 of IPC and rigorous imprisonment for six months for the offence under Section 323/34 of IPC, also found applicant Bahgwan Singh guilty under Section 324 of I.P.C. and sentenced him to rigorous imprisonment for two years by judgment dated 7.08.06 passed in Criminal Case No. 120/04.