JUDGEMENT
G.S.AHLUWALIA,J. -
(1.)This Criminal Revision under Sections 397, 401 of Criminal Procedure Code has been filed challenging the judgment dated 22-6-2010 passed by 4th A.S.J. (Fast Track Court) Shivpuri in Criminal Appeal No.102/2010 thereby affirming the judgment dated 23-4-2010 passed by J.M.F.C. Shivpuri in Criminal Case No.709/2008.
(2.)The applicant has been convicted under section 327 of Indian Penal Code and has been sentenced to undergo the rigorous imprisonment of 1 year and a fine of Rs.1000/- with default imprisonment.
(3.)The prosecution case in short is that on 11-4-2008 at about 12 A.M. in the night the complainant was fetching water from a public tap. The applicant asked for his cycle but the complainant refused to give his cycle to the applicant. On this issue, the applicant started abusing the complainant and when the complainant requested him not to do so, then the applicant brought a Lathi. After noticing the applicant, the complainant went inside his house, however, the applicant followed him and brought him out and assaulted the complainant by means of lathi, as a result of which, the complainant fell down on the ground and sustained various injuries on different parts of his body. The incident was witnessed by Lala Srivastava, Kundan Singh, Manju. etc.
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