MUKESH YADAV Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under section 353 of IPC vide judgment dated 6.10.2012 passed by the learned Chief Judicial Magistrate, Shahdol (Shri Pramod Kumar) in criminal case No.295/2009 and sentenced for 6 months' rigorous imprisonment with fine of Rs.500/-. In criminal appeal No.116/2012 vide judgment dated 21.2.2013, the learned Sessions Judge, Shahdol dismissed the appeal in toto. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.

(2.) The prosecution's case, in short, is that, on 23.2.2009, the constable Mahendra Pal Shukla was deputed in a Mela (fate) at village Kelmaniya. At about 4.15 p.m., he found that the applicant was recovering some money from the various shopkeepers. When the complainant informed him not to do such an act then, the applicant held the collar of the complainant and started scuffling. Sainik Gulab Singh (P.W.1) and other witnesses saved the complainant. The complainant had lodged a Dehati Nalshi (FIR), Ex.P/2 to his higher officers and therefore, a case was registered.

(3.) The applicant abjured his guilt. He did not take any specific plea in the matter. No defence evidence was adduced.