- (1.)The applicant was convicted for offence punishable under Section 326 of I.P.C by the Judicial Magistrate First Class, Orcha, District Tikamgarh vide judgment dated 4.6.1998 in Criminal Case No.645/94 and was sentenced for six months rigorous imprisonment with fine of Rs.300/-. In Criminal Appeal No.16 of 1998 the learned First Additional Sessions Judge, Tikamgarh vide judgment dated 28.4.1999 dismissed the appeal. Being aggrieved with both the judgments the applicant has preferred this revision.
(2.)The prosecution's case in short is that, on 12.10.1994 one Ram Kishan was going on a bicycle towards his village Tatarpura (Police Station Jairon, District Tikamgarh). In the way the applicant was also going by a bicycle having an axe in his hand. A bicycle of the applicant was pushed due to the bicycle of the victim Ram Kishan and therefore, a quarrel started. During the quarrel; the applicant assaulted the victim Ram Kishan by an axe causing an injury on his right foot. The FIR was lodged at Police Station, Jairon and the victim Ram Kishan was sent to the hospital for his medico legal examination and treatment. Ultimately, it was found that fracture was caused to the victim Ram Kishan on his fourth toe of right foot.
(3.)The applicant abjured his guilt but no specific plea was taken by him but, he has stated that he was falsely implicated in the matter. However, Ramesh (DW1) was examined as a defence witness.