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The prosecution case in short is that on 10.03.2007, complainant Hariram lodged a report at police station to the effect that applicant had voluntarily causing hurt to extort money on his person by fits and leg, abused him and threatened him with dire consequences. The police registered the crime for the offence punishable under Section 341, 294, 323 and 327 and 506- II of IPC. After investigation, police recorded the statement of the complainant and prepared the spot map. After completion of investigation charge-sheet has been filed.

In order to bring home the charges against applicant the prosecution examined four witnesses and placed four documents on record. The defence did not examine any witness and exhibited one document.

The learned Judicial Magistrate, First Class acquitted the applicant from the charges of Section 341, 294 and 506- II of IPC, against which State did not prefer any appeal. But, held the applicant guilty for the offence punishable under Section 323 and 327 of IPC and convicted and sentenced him under Section 327 of IPC for rigorous imprisonment of one year with fine of Rs. 1000 /- with default stipulation. Thereafter, the applicant filed a Criminal Appeal before the Sessions Court, Tikamgarh and learned Sessions Judge affirmed the judgment of conviction passed by learned Judicial Magistrate, First Class, District Tikamgarh but reduced the period of sentenced from rigorous imprisonment for one years to rigorous imprisonment for six months with fine of Rs.1000 / - with default stipulation.

Shri K.K. Kushwah, learned counsel for the applicant submits that the learned courts below have committed an error in holding the applicant guilty under Section 323 and 327 of IPC. It is also submitted that learned trial Court committed grave error in overlooking that there are material contradictions, omissions in depositions of prosecution witnesses. Fine amount has already been deposited. Finally, it is prayed that revision be allowed and the sentence be set aside in respect of the offence punishable under Section 327 of the I.P.C.