S.K.AWASTHI,J. - (1.)This revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short "The Code") has been filed by the applicants being aggrieved by the judgment dated 25/10/2018 passed by First Additional Sessions Judge, Manasa, District Neemuch in Cri. Appeal No.95/2015, wherein the learned Judge has affirmed conviction and sentence of the applicants passed by Judicial Magistrate First Class, Manasa, District Neemuch, vide order dated 25/06/2015 in criminal case No.746/2010.
(2.)Prosecution story briefly stated, is that on 06/11/2010 at about 5.45 pm, when complainants were going towards their field, on their way the applicants stopped them and hurled abuses and applicant Mohanlal assaulted-Bhagatram with axe due to which he sustained injuries and started bleeding. Other applicants assaulted him with wooden sticks on his right leg and hand. The applicants also threatened the complainants with dire consequences. Complainant- Pankaj lodged a report at police station Rampura, District Neemuch and on the basis of which, police registered F.I.R bearing crime No. 138/2010 against the applicants for offence punishable under Sections 341, 294, 323/34, 324, 506 of IPC. Injured Bhagatram was sent for medical examination and in the X-ray examination fractures were deducted in his right ulna and left fabula bone, therefore police also added offence under Section 325/34 of IPC against the applicants. After completion of investigation charge-sheet was filed.
(3.)Trial Court, while passing the judgment, convicted the applicants for offence punishable under Section 325, 325/34 of IPC, and sentenced to undergo 6 months and 6 months S.I, respectively, with a fine of Rs.500/- under each Sections and for offence punishable under Section 341 of IPC sentenced them with a fine of Rs.200/-each. An appeal was filed against the impugned judgment, which was dismissed vide judgment dated 25/10/2018. This judgment is under challenge in the present revision petition.