KRISHNA Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision is filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure against the judgment dated 22.11.2016 passed by Second ASJ, Dhar in Criminal Appeal No.388/2015, whereby affirmed the conviction under Sec. 324 of Penal Code and sentence of 6 months' RI and fine of Rs.500-00, in default of payment of fine, further one month's RI passed by JMFC, Dhar in Criminal Case No.944/2012.

(2.) As per the prosecution case, on 10.04.2012 at 10.25 AM complainant Bhanwarsingh was brought to the District Hospital, Dhar for treatment. In this regard, information has been sent to the Police Station Dhar. Then a Crime No.39/2012 under Sections 294, 323, 324 and 506 of Penal Code and under Sec. 25 of the Arms Act has been registered against the applicant and co-accused Laxminarayan and Ayodhyabai. During investigation, it was found that the applicant has caused the injury with Sword on the palm of left hand of the complainant and co-accused Ayodhyabai assaulted the complainant with Lathi on his waste and accused persons have also threatened to kill the complainant. After investigation, final report has been filed. The applicant along with other co-accused were tried for the charge under Sections 294, 324 and 506 Part-II of Penal Code and under Sec. 25 (1-B) (b) of the Arms Act. They have abjured the guilt. The prosecution has produced 10 witnesses, however, the applicant has not examined any witness in defence. After hearing learned counsel for the parties, learned Magistrate acquitted the accused Laxminarayan and Ayodhyabai from the charge under Sections 294 and 506 Part-II of Penal Code and acquitted the present applicant Krishna from the charge under Sections 294 and 506 Part-II of Penal Code and under Sec. 25 (1-B) (b) of the Arms Act. However, applicant Krishna held guilty for the offence under Sec. 324 of Penal Code and Ayodhyabai held guilty for the offence under Sec. 323 of Penal Code and sentenced them to undergo 6 months' RI and fine of Rs.500-00; with default clause and 3 months' RI and fine of Rs.500-00; with default clause, respectively. Being aggrieved, they have filed the appeal. Learned Second ASJ, Dhar allowed the appeal of co-accused Ayodhyabai and acquitted her from the charge under Sec. 323 of IPC; whereas dismissed the appeal of applicant Krishna and affirmed the conviction as well as the sentence passed by the Trial Court. Being aggrieved, the applicant has filed this revision.

(3.) Learned counsel for the applicant submits that the applicant does not wish to challenge the conviction recorded by the Courts below. However, the applicant is a first offender and the incident is taken place on a trivial issue. The applicant has already suffered the jail sentence for one month and twenty days. Hence, the jail sentence may be reduced up to the period already undergone and the fine may be enhanced reasonably.