OMPRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short "The Code") has been preferred by the applicants-Omprakash and Sagarmal against the judgment dated 12/09/2018 passed by Additional Sessions Judge and Special Judge, (Electricity Court), Indore in Cri. Appeal No.203/2015, wherein the learned Judge has partly allowed the appeal by convicting each of the applicants for offence under Sections 323 / 34 and 325 / 34 of IPC, 1860 instead of Sections 323 / 149 and 325 / 149 of IPC, 1860, sentenced them to undergo 6 months & 3 years R.I. with fine of Rs.1,000/- & usual default stipulation and acquitted the applicants for offence under Section 147 of IPC 1860, passed by Judicial Magistrate First Class, Indore vide judgment dated 18/03/2015 passed in Criminal Case No.6057/1994.

(2.) Prosecution story in nutshell are that on 16/05/1992, complainant-Girdhari, along with his family members went to attend Ujjain Simhastha. After dharshan, while returning back when they reached Sanwer Toll Post at 7.30 pm in the evening, then the toll tax employees demanded five rupees. On being denied, they pulled out complainant's father and behaved indecently with him. When the complainant and his brother went to rescue their father, then the toll tax employees assaulted them with latties due to which complainant-Girdhari sustained injuries in his eyes and started bleeding. His family members admitted him in hospital and informed about the incident to two person wearing Khaki uniform however, no action was taken. Thereafter, on 17/05/1992, they filed a typed report before Additional Police Superintendent, Indore on the basis of which, F.I.R bearing crime No. 172/1992 was registered against the applicants. During investigation, police reached the spot and prepared spot map, recorded the statement of the witnesses and arrested the applicants and injured Girdhari was sent to the hospital for medical examination. According to the M.L.C report his eyesight was lost due to injury, therefore police also added offence under Section 325 of IPC against the applicants. After completion of investigation charge-sheet was filed against the accused persons for offence under Sections 147 , 323 / 149 and 325 / 149 of IPC, 1860.

(3.) Trial Court, while passing the judgment, convicted the applicants for offence punishable under Sections 147 , 323 / 149 and 325 / 149 of IPC, 1860 and sentenced each of them to undergo 6 months, 6 months and 3 years R.I and fine of Rs.1000/- with usual default stipulation. An appeal was filed against the said conviction and sentence, which was partly allowed by Additional Sessions Judge and Special Judge, (Electricity Court), Indore, vide judgment dated 12/09/2018. This judgment is under challenge in the present revision petition.