PREMLAL Vs. STATE OF MP

JUDGEMENT

(1.) Applicant has preferred this revision against the appellate judgment dated 11.4.97 passed by Second Additional Sessions Judge, Katni in Criminal Appeal No. 38/96, whereby the conviction of the applicant under Section 326 of IPC recorded by Additional Chief Judicial Magistrate, Katni and sentence passed on him are affirmed.

(2.) Applicant was tried for the offence under Section 326, 324/34 and 294 and 506-II of IPC alongwith co-accused Jawaharlal before Additional Chief Judicial Magistrate, Katni. As per prosecution allegations, complainant Bhagwant Rai had purchased a 'Karhi' tree from the father of the applicant, namely Jagannath for Rs.450/- on 21.12.89 and he had cut the small wooden branches of the tree and left" big woods in the field ten days prior to the occurrence. On 23rd March 1995, complainant Bhagwant came to know that the applicant and his son Jawaharlal were cutting the woods of the tree purchased by him; then complainant Bhagwant Rai, his brother Kodulal, Ramanuj and Sarpanch Rajabhaiya reached the field and found the applicant and his son Jawahar cutting the woods by an axe. When complainant Bhagwant Rai objected to it, both the applicant and his son began uttering filthy abuses to the complainant and his brother Kodulal and also intimidated them by giving threat to their lives. Thereafter co-accused Jawahar assaulted Kodulal by an axe; when complainant Bhagwant Rai tried to intervene and save his brother, applicant premlal gave an axe below on his right thigh causing incised wound in the middle 1/3rd of the anterior lateral aspect of his thigh resulting into fracture of right shaft of femur. Injured complainant Bhagwant Rai and his brother Kodulal were rushed to the Katni Hospital Upon receiving information from the hospital authorities, police reached the hospital and recorded the statement of complainant Bhagwant Rai and after priliminary enquiry an offence was registered against the applicant and co-accused Jawahar at Police Station Katni and was investigated. Upon medical examination of complainant Bhagwant Rai, besides an incised wound on his right thigh a fracture of the shaft of femur was also detected upon his X-ray examination. After due investigation, applicant and co-accused were prosecuted under Section 294, 323, 324, 326/34 and 506-B of IPC.

(3.) After trial, learned Additional Chief Judicial Magistrate, Katni, acquitted the applicant under Section 294, 506-B and 324 of IPC but found him guilty under Section 326 of IPC for causing grievous hurt to complainant Bhagwant Rai by axe and sentenced him to rigorous imprisonment for three years, whereas co-accused was acquitted under Section 294, 506-B and 326/34 of IPC, but found guilty under Section 324 of IPC for causing hurt to Kodulal and sentenced to fine of Rs.1,000/- , in default rigorous imprisonment for six months.