SHYAM BALI PRASAD Vs. STATE

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment, dated 26.2.1997 passed by Shri P.P. Singh, 4th Addl. Judicial Commissioner, Ranchi in Cr. Appeal No. 106 of 1995, whereby and where under, the learned Judicial Commissioner, Ranchi confirmed the conviction and sentence passed by Shri U.N. Mishra, Judicial Magistrate, 1st Class, Ranchi in Complaint Case No. 41 of 1990 as the appellant was convicted under Section 325 of the Indian Penal Code and sentenced to undergo simple imprisonment for six months with a fine of Rs. 500/ - and in default to undergo simple imprisonment for one month.

(2.) SHORT facts of the prosecution case as alleged that the complainant, Anup Kumar Verma was going to bring Grills at at out 11 a.m. on 7.3.1990 from his house and when he reached near Kam -lakant Road, he saw the accused/ petitioner along with four unknown accused persons, who caught hold and started assaulting him with iron rod. It is also alleged that the petitioner attempted to commit murder and started to assault him with iron rod in his right hand which was broken and as such the complainant fell down and thereafter, the accused persons including the petitioner fled away. Complainant filed the complaint case and after inquiry held under Section 202, Cr PC, cognizance was taken under Section 325 of the Indian Penal Code. The petitioner appeared in the trial Court and the charge was also framed against him. The witnesses were examined.

(3.) ON being aggrieved by the judgment of conviction and sentence passed by the trial Court, the petitioner preferred appeal before the Judicial Commissioner, Ranchi which was also dismissed by the order, dated 26,2.1997, hence, this revision application.