LAKHAN Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has filed this criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973 being aggrieved by the conviction and sentence passed by the Court of JMFC, Punasa, District Khandwa in Case No. 202/2017, dated 05.06.2018 whereby the trial Court convicted the applicant for the offence punishable under Section 323/34 of the IPC and sentenced to undergo R.I. for 6 months with fine of Rs.200/- and under Section 325/34 of the IPC and sentenced to undergo R.I. for 1 year with fine of Rs.300/- with default stipulations respectively. The applicant filed an appeal before the 4th Additional Session Judge, Khandwa, registered as Cr.A. No. 164/2018. The appellate Court after hearing the both parties, delivered a judgement on 28.01.2019 partly allowed the appeal and affirmed the conviction under Section 323 and 325 of the IPC and set aside the imprisonment of 6 months R.I. for the offence under Section 323 of the IPC and enhanced the fine amount from Rs. 200/- to Rs.1,000/-. Out of that Rs.800/- paid to the victim Sugarbai under Section 357 of the Cr.P.C and affirmed the conviction and sentence of Section 325 of the IPC.

(2.) Facts giving rise to this revision, in short, are that the applicant and another co-accused Anar Singh, who has been given the benefit of Section 4 of the POCSO Act by the Appellate Court, is residing in the village of Bhaisawa. Sugarbai (P.W.-2) and her husband Gendalal (P.W.-1) also resided in the same village. Both witnesses used the way on the field of the applicant on that account dispute arose between them. On 14.02.2017, the applicant along with other co-accused who is father of the applicant uttered filthy words against Gendalal and Sugarbai and beat them with the fists and wooden stick and injured the both. Both injured Gendalal and Sugarbai have been admitted in the District Hospital Khandwa. Head Constable No. 228 in the Police Station District Hospital Khandwa after recording the statement of the injured temporarily registered the Crime No.06/2017 send the matter for registration of original offence in the Police Station Mundi. Thereafter, Police Station Mundi registered F.I.R. No. 49/2017 against the applicant for the offences punishable under Sections 294, 323, 506 and 34 of the IPC. After investigation, the challan has been filed in the Court.

(3.) Learned JMFC Court framed charges against the applicant under Sections 294, 323/34, 325/34 and 506(II) of the IPC. Applicant abjured his quilt and pleaded that he has falsely been implicated in the matter. The prosecution examined the victim Gendalal (P.W.-1) and Sugarbai (P.W.-2) and another eye witness Kadvibai (P.W.- 3) and also examined Doctor Nitin Kapoor (P.W.-4) who examined the injury of the victim and submitted a report (Ex.-P/4) of Gendalal and (Ex.-P/5) of Sugar bai and also examined the X-ray report and found fracture in fibula as well as phalanx of index finger of left hand. P.W.-5 was investigating officer. The trial Court examined the applicant under Section 313 of the Cr.P.C. where he pleaded innocence and also pleaded that he has falsely been implicated in the offence. He did not adduce any defence in his support.