ARJUN Vs. STATE OF M P

JUDGEMENT

(1.) This revision by the petitioner is directed against the - judgment dated 5-1-1983 passed by -Sessions Judge, Raipur in Criminal Appeal No. 155 of 1983;

(2.) Besides toe petitioner, two others namely Pyari and, Longo had also been convicted by the trial Magistrate - for - offence under Section 326/34 Indian Penal Code, but in appeal, the Sessions Judge, acquitted these two but up-held the conviction of petitioner Arjun. The trial Magistrate had sentenced the petitioner under Section 326 Indian Penal Code to R.I. for one year which was reduced by the Sessions Judge to R.I. for six months and fine of Rs. 200/- (Rs. Two Hundred), in default R.I. for one month.

(3.) Petitioner Arjun and Samaruram (P.W. 1) are brothers. The prosecution story was that Arjun had assaulted Samaruram by a sharp edged weapon which resulted in grievous injury. The incident in question took place on 3-11-1979 at about 12.00 noon. The report Ex. P 5 was lodged on the same day at about 8.15 P.M. This report was in fact lodged by the petitioner himself and was recorded in Roznamcha Ex. P.13. This Roznamcha was produced by Head Constable Ramsiya (P.W. 12). On the basis of that report some enquiry was made as a result of which the offence was registered.