RAJESH PATWA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants being aggrieved by the judgment dated 9-12-1996 delivered in Session Trial No. 133/1991 by learned IInd Additional Sessions Judge, Raipur convicting each of the appellant under Section 307 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 1,000.00 each and in default of payment of fine to undergo one year's rigorous imprisonment, the appellants have filed this appeal.

(2.) The prosecution case in brief is, that on the fateful day when P.W. 3 Durgaprasad was standing in a cement shop and was talking to one Ravindra Kumar Acharya, the appellants Rajesh and Sadashiv came to him and invited him to go for a Betel. The complainant relying upon them went to a little distance, but, all of a sudden these two persons wilh three unknown persons apprehended him and started causing injuries to him by means of knife/sharp cutting weapon. When the complainant Durgaprasad raised alarm, all the accused boarded in a white car and fled away from the spot. The report (Ex. P-12) was registered on the basis of Dehati Nalishi. The victim was referred to the hospital, where, he was examined, his injuries were repaired and he was provided proper medical assistance. After making further investigation and after recording the statements of the witnesses and after obtaining the medical report/opinion, on completion of the investigation, the Police Agency filed the challan.

(3.) As the accused persons abjured the guilt and took the plea of false implication, they were put to trial. The prosecution in support of its case examined as many as 14 witnesses. The defence was given proper opportunity, but, they did not choose to examine any defence witness. After hearing the parties, the learned Trial Court convicted and sentenced the accused as detailed above.