MAHABIR SINGH Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 17.11.1995, passed by the Additional Sessions Judge, Chandigarh, whereby the conviction and sentence of the petitioner for an offence under Section 326, Indian Penal Code, recorded by the Judicial Magistrate, Chandigarh, by judgment/order dated 11.5.1993 has been confirmed. The petitioner has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/-, and in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) THE prosecution case lies in a narrow compass. March 19, 1994 was the day of Holi festival. At about 8.30 p.m. the petitioner came to Som Pal- complainant and put gulal on his face. While embracing Som Pal, the petitioner gave a tooth bite on the nose of Som Pal, due to which a portion of the nose was taken off. Som Pal was got medically examined. According to the medical examination report, right nasal alac was found missing. Injury was fresh and grievous in nature.

(3.) WHILE holding that the case of the prosecution has been proved beyond doubt, the Judicial Magistrate, Chandigarh, convicted and sentenced the petitioner as stated above. Appeal filed by the petitioner against his conviction and sentence did not find favour with the Additional Sessions Judge, Chandigarh. Hence this revision.