- (1.)THE applicant was convicted for offence punishable under Section 323 of IPC and sentenced for 4 months rigorous imprisonment with fine of Rs.200/ - vide judgment dated 29.2.2008 in criminal case No.1713/2006 passed by the learned JMFC, Satna. In criminal appeal No.49/2008 vide judgment dated 24.7.2008, the learned Sessions Judge, Satna dismissed the appeal. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.
(2.)THE facts of the case, in short, are that, the applicants had let out some portion of his land to son of the victim Ramkhelawan. On 7.5.2006, at about 8.30 a.m., in the morning, the applicant went to the house of Ramkhelawan, situated at village Daeejwar (Police Station Kolgawan, District Satna). He made a complaint to Ramkhelawan that his son was not giving the premium and lease amount. Ramkhelawan told the applicant to talk with his son and thereafter, a quarrel was initiated. The applicant assaulted the victim Ramkhelawan by a stick on his head and left leg. On shouting the witnesses Mathura Choudhary and Kallu Choudhary came to the spot and saved the victim Ramkhelawan. An FIR was lodged and after due investigation, a charge -sheet was filed.
(3.)THE applicant abjured his guilt. He did not take any specific plea in the matter. However, one Ritesh Kumar (D.W.1) was examined in defence.
The learned JMFC vide judgment dated 24.7.2008 acquitted the applicant from the charges of offence under Sections 294, 506 -II of IPC but, convicted him for offence under Section 323 of IPC and sentenced him as mentioned above, whereas the appeal filed by the applicant was dismissed.