CHAMPALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant criminal revision petition, a challenge has been made to the order dtd. 25/7/2006 passed by learned Additional Sessions Judge No. 1, District Chittorgarh in Criminal Appeal No. 61/2005 whereby the learned Appellate Court dismissed the appeal filed against the judgment of conviction dtd. 3/9/2005 passed by the learned Additional Civil Judge (J.D.) cum Judicial Magistrate, Chittorgarh in Criminal Case No. 135/2002 by which the learned trial Judge convicted the petitioner for offence punishable under Sec. 326 IPC and sentenced him to undergo six months' S.I. and imposed a fine of Rs.500.00 and in default of payment of fine, to further undergo 15 days' S.I.

(2.) The period spent in police custody and judicial custody shall be adjusted in the original imprisonment.

(3.) The gist of the prosecution story is that on 30/3/2002, complainant Prabhulal filed an FIR inter alia alleging that on the preceding night at about 8 PM he was going to his house, on his way the accused started assaulting him. Thereafter, today in morning he was sitting at bus stand at that time, the present petitioner came there and hit him with lathi and scuffled with him. Upon the aforesaid information, an FIR was registered and after usual investigation, charge-sheet came to be submitted against the petitioner in the Court concerned.