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1992 Supreme(MP) 191

S.K.DUBEY
PRAKASH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


S. K. DUBEY, J.

( 1 ) THE appellant, a convict under S. 324, IPC, has preferred this revision against the order of sentence of fine of Rs. 1000/-, in default, to three months' rigorous imprisonment, passed on 14-1-1988, by Third Additional Sessions Judge, Morena, in Criminal Appeal No. 87/1986, preferred against the judgment dated 25-2-1986 in Criminal Case No. 108/1984, passed by Judicial Magistrate, First Class, Sabalgarh.

( 2 ) THE incident occurred on 18-1-1985 following a quarrel between PW 2 Anandibai, the injured, and acquitted co-accused Lalaram, the uncle of the applicant. A 'danda' of 'chabutra' fell down because of the dash by Lalaram. PW 2 started abusing on altercation between the two and on saying of Lalaram the accused/applicant caused a simple injury to Anandibai with a 'farsa', resulting in an incised wound, 3 1/2 cm x 1/2 x 1 1/2 cm on left middle of head (parietal ). The trial Court convicted the applicant under S. 324, IPC, and sentenced him to six months' rigorous imprisonment and a fine of Rs. 100/-, in default, one month's simple imprisonment. Co-accused Lalaram was also convicted under S. 324/34, IPC. In appeal, Lalaram was acquitted, but the conviction of t









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