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1994 Supreme(MP) 491
I.P. Rao, J.
Vijay Singh v. State of M.P.
Cr. Revn. No. 129 of 1989 (J); Decided on 25.6.1994*.
S.L. Kochar for applicant; Ramesh Kumar, Deputy Advocate General for State.
Headnote:Penal Code, 1860 -- S. 325 -- offence under -- 20 days sentence already served -- proper with fine of Rs. 1,000/-.
naM lafgrk] 1860 & /kkjk 325 & ds v/khu vijk/k & 20 fnu dk naMkns‘k igys gh Hkksxk tk pqdk & :- 1]000@& tqekZus ds lkFk mfpr gSA
The applicant was tried along with 8 others on the allegation that they have assaulted Hamansingh (PW 1) on 16.1.1977 at about 5 p.m. and caused fracture of PW 1's nasal bone. The other persons who were tried along with the applicant have been acquitted and the applicant alone was convicted under section 325 IPC and sentenced to undergo R.I. for four months. On appeal, the learned appellate Judge has confirmed the findings and sentence. Aggrieved by the said confirmation, the applicant has preferred this revision.
The Courts below have acted upon the evidence of P.W. 1, the injured and P.W. 4 the Head Constable who intervened at the time of the incident and convicted the accused. The only discrepancy found in Ute evidence of PW 1 is that at one place he stated that he was attacked with Katarna and at another stage he stated that he was attacked with the lathi having iron head. It is not the sharp edge of the weapon that hit the complainant, but it is only the wood an portion that had hit the nose of the complainant and caused fracture.
PW 7 the doctor and PW 10 Radiologist have proved the grievous nature of the injury caused to PW 1. The conviction of the applicant under section 325 IPC is, therefore, correct and does not call for any interference. However, the sentence is modified to the period of 20 days already served by the applicant and to pay a fine of Rs. 1,000/-. One month's time is granted for payment of the fine amount. In default of payment of fine, the applicant shall suffer S.I. for three months.
The revision is dismissed subject to the above modification in sentence.
