RAVI Vs. STATE OF MADHYA PRADESH

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 punishable under Section 325 of the IPC and sentenced to undergo R.I. for 2 years with fine of Rs.500/- in default of payment of fine, additional R.I. for 1 month passed by the Court of JMFC, Gouharganj, District Raisen in Criminal Case No. 733/2012 vide judgment dated 29.11.2018 and affirmed by the Appellate Court vide judgment dated 02.05.2019 passed by the Additional Sessions Judge, Goharganj, District Raisen in Criminal Appeal No. 87/2018.

(2.) The case of the prosecution against the applicant before the trial Court, in short, are that the injured Rahul Nagar and applicant Ravi @ Ravishankar both were friends. On account of some dispute, the applicant called Rahul Nagar and took at his home. When Rahul Nagar reached in home, then Ravi Kahar took the wooden stick and repeatedly assaulted Rahul Nagar and said to go from the spot. Rahul Nagar went away, one Uttamsingh and his father took him at Civil Hospital Abdulaganj where from he referred to the Hamidiya Hospital, Bhopal for further treatment. Police Officer of the Police Station Noorganj recorded the Dehati Nalishi and after inquiring into the matter registered a case against the applicant for the offence punishable under Sections 294, 323 and 506 of the IPC and registered Crime No. 11/12. After investigation charge-sheet came to be filed for the offence punishable under Sections 294, 323, 506, 325 and 326 of the IPC before the Court of JMFC Goharganj, District Raisen. Since the offence under Section 326 of the IPC is exclusively triable by the Court of Session, the Court of JMFC committed the case to the Sessions Court vide committal order dated 03.07.2012. The 3rd Additional Sessions Judge, Raisen vide order dated 23.08.2012 found that there is no ingredient of offence of 326 of the IPC prima facie found, therefore, the case again remanded back to the Court of JMFC for trial of the offence under Sections 294, 325 and 506 Part-II of the IPC.

(3.) Learned JMFC Court framed the charge against the applicant, applicant denied for the charge. The trial Court recorded the evidence of Rahul Nagar (P.W.-1), Kailash Chandra Nagar (P.W.-2), Seizure Witness, Dilip Malviya (P.W.-3), independent witness, Omprakash (P.W.-4), witness of memorandum and seizure, Gulabsingh (P.W.-5), father of the injured, Uttam Singh (P.W.-6), who brought the Rahul Nagar to the hospital Abdulaganj, Dr. Bhawana Benjamin (P.W.-7) who examined the injuries of Rahul Nagar and referred the injured for further treatment at Bhopal, Sub Inspector, Mahendra Thakur (P.W.-8), Investigating Officer, Akhilesh Nagar (P.W.-9), brother of the injured, Dr. Anil Pawar (P.W.-10), who examined the applicant at Hamidiya Hospital, Bhopal and Dr. Sumendra Singh, Raidiologist who click X-ray of the injured person and opined that there was a fracture in Tibia and Febula of the right leg and ulna bone of the left hand. In examination of the accused under Section 313 of the Cr.P.C. the applicant pleaded defence that victim forcibly trying to commit illegal relation with his wife and when his wife cried to save her, then victim fled away from the spot and fallen on the hard surface of the stone and sustained some injuries. In his defence, the applicant examined Sunita Kahar (D.W.-1) .