IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA th ON THE 11 OF SEPTEMBER, 2023 CRIMINAL REVISION No. 1414 of 2014 BETWEEN:-

CHAINSINGH S/O SHANKARSINGH, AGED ABOUT 48 YEARS, OCCUPATION: AGRICULTURE GRAM JORAPUR, P.S. SUNDARSI (MADHYA PRADESH)

.....PETITIONER ( BY SHRI MANISH YADAV- ADVOCATE )

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THRU. P.S. SUNDARSI (MADHYA PRADESH)

.....RESPONDENTS ( BY SHRI MUKESH SHARMA GA )

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This revision coming on for hearing this day, the court passed the following:

ORDER

The petitioner has filed this criminal revision under section 397(1)

read with section 401 of Cr.PC being aggrieved by the impugned judgment dated 21/11/2014 passed by Additional Sessions Judge, Shajapur in Criminal Appeal no. 150/2014, whereby the appeal was partly allowed by upholding the conviction under sections 323 and 325 of IPC, but modifying his sentence to undergo one month RI with fine of Rs. 500/- and six months R.I with fine of Rs. 500/- respectively with default stipulation.

Signature Not Verified Signed by: AMOL

2/ Prosecution case in brief is that on 28/09/2013 at about 9.00 pm, when complainant Balusingh was coming from his field, at that time, accused / petitioner Chainsingh came armed with axe and started abusing his mother Reshambai in filthy language by stating that who had taken stick pipes from his bullockart. When the complainant objected, Chainsingh inflicted injuries to Reshambai with blunt side of the axe, due to which, Reshambai sustained injuries over her hands, legs, back and hip portion. When the complainant tried to save her mother, then petitioner also gave blow of axe from its blunt side, due to which, he sustained injuries over his both the hands. Co-accused Badrilal also came with an axe and abused in filthy language. Accused persons also threatened them for life. The complainant lodged FIR at police station – Sundarsi, District – Shajapur. MLC of both the victim persons was conducted by Dr. H.L.Arya (PW-3). After obtaining x-ray report, offence under section 325 of IPC was added.

3/ After completion of investigation, charge-sheet was filed against the petitioner/accused persons before the trial Court and the trial Court framed charges under sections 294, 323, 324, 325, 506 (Paert-II) of IPC. Both the accused persons abjured their guilt and pleaded innocence. Before trial court, the prosecution examined as many as six witnesses and petitioner/accused examined one witness in defence.

4/ The trial Court, after considering the submissions advanced by both the parties and scrutinizing the entire evidence available on record, acquitted co-accused Badrilal from all the charges and convicted the petitioner under sections 323 and 325 of IPC but acquitted him from all other charges. Being aggrieved by the judgment passed by the trial Court , the petitioner preferred appeal before the First Appellate Court/ ASJ, Shajapur, where the appeal was partly allowed and conviction under sections 323 and 325 of IPC has been upheld by modifying the sentence as Signature Not Verified Signed by: AMOL mentioned hereinabove. Being aggrieved by the judgment of conviction and sentence, the appellant preferred present revision before this Court.

5/ Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the instant case. Both the courts below have committed error in punishing him for the aforesaid offence. No proper evidence has been found against the petitioner. Prosecution has failed to prove any charge against the petitioner beyond reasonable doubts Trial Court has not properly considered the provisions of Probation of Offenders Act. He prays that present revision be allowed by setting aside the impugned judgment passed by ASJ, Shajapur.

6/ Per-contra, learned GA for the respondent/State has opposed the prayer made by learned counsel for the petitioner by submitting