JUDGEMENT
Sunil Kumar Sinha, J. -
(1.)This revision is directed against the order dated 24.7.2006 passed by the Sessions Judge, Kabirdham, Kawardha in Criminal Appeal No. 7/2006 arising out of judgment dated 11.3.2003 passed in Criminal Case No. 479/1995 (State of Chhattisgarh v. Manoj Kumar, changed Criminal Case No. 907/2006 of the Court of C.J.M., Kawardha) by the Judicial Magistrate, First Class, Mungeli, whereby the conviction and sentence awarded to the applicant, has been confirmed by the learned Sessions Judge.
(2.)A perusal of the record would show that the applicant was convicted and sentenced in the following manner :-
Conviction Sentence u/s 452 IPC R.I. for six months and fine of Rs.200/-, in default of payment of fine, 15 days additional imprisonment more. u/s 323 IPC R.I. for 3 months and fine of Rs. 200/-, in default of payment of fine, 15 days additional imprisonment more. u/s 294 IPC Fine of Rs. 100/-, in default of payment of fine, 5 days additional imprisonment more.
(3.)The brief facts are that on 10.6.1995 at about 12 noon, the applicant went to the house of complainant Sevaram (P.W.1) and knocked his doors and said him that he is being called by the Sarpanch. On this Sevaram denied and replied that he will go only when he will be called by the Kotwar. The allegations are that thereafter the applicant forcibly pushed and broke open the doors and he entered into the house of complainant, abused him and assaulted him with the help of a lathi. A report of the incident was lodged by the complainant in Kunda Police Station from where the complainant was sent for medical examination and after due enquiry, the charge sheet was filed.
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