RAMESHWAR YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Each of the applicant has filed this revision under Section 397/401 of Cr.P.C. being aggrieved by the judgment dated 27.06.2019 (Annexure-A/1) passed in Cr. A No. 57/2017 by 1st ASJ, Jatara District Tikamgarh whereby, affirmed the judgment dated 9.10.2017 passed in Cr. Case No. 956/2014 by the Court of JMFC, Jatara District Tikamgarh whereby, each of the applicant has been convicted for the offence punishable under Section 323/34 of IPC (two counts) and sentenced to undergo RI one month and fine of Rs. 200/- along with default stipulation.

(2.) Case of the prosecution against each of the applicant in short, is that, applicants and victim/injured Bhagwat (PW-1) and his wife Urmila victim/injured (PW2) are resident of village Maidwara Police Station Chandera District Tikamgarh. Both are having a dispute over the agricultural land and civil suit is pending between them. On 30.07.2014, when injured Bhagwat and Urmila were at agricultural field, the applicants came over there, riding on tractor and trying to drive the tractor inside the agricultural filed of injured/victim then, Bhagwat (PW-1) stopped him thereafter, each of the applicant uttered filthy languages and started beating. Urmila (P-2) wife of Bhagwat came to rescue Bhagwat, the applicants also beat her. Both the victim sustained simple injuries in the incident and thereafter, Bhagwat (PW-1) lodged the report and Crime No. 80/14, has been registered at Police Station Chandera. After completion of investigation, charge-sheet came to be filed before the Court of JMFC and criminal case No. 956/2014 has been registered. After trial, the trial Court delivered a judgment on 09.10.2017, convicted each of the applicant for voluntarily inflicting the injuries on each injured and convicted for the offence punishable under Section 323 read with Section 34 of IPC and acquitted from other charges and sentenced to each applicant to undergo one month RI and fine of Rs. 200/- with default stipulation.

(3.) Applicants being aggrieved by the conviction and sentence, preferred an appeal registered as Cr. A No. 57/2017. Learned appellate Court 1st ASJ Jatara District Tikamgarh after hearing both the parties dismissed the appeal and affirmed the conviction and sentence passed by the trial Court.