PAHARU Vs. STATE OF M P

JUDGEMENT

(1.) Present appeal arises out of the impugned judgment and order dated 20.9.1991 passed by Additional Sessions Judge, Bilaspur (Camp Janjgir) in Sessions Trial No. 267/1987 convicting the accused/appellant for the offence punishable under Section 326 of the Indian penal Code and sentencing him to undergo rigorous imprisonment for four years.

(2.) Case of the prosecution in brief is that on 28.3.1987 FIR (Ex.P-12) was lodged by complainant/ victim Vishambhar (PW-7) alleging in it that on that day at about 9 am, there was some dispute between the son of the appellant and his sons, upon which the appellant's sons was scolded by him and out of anger the accused/appellant assaulted the complainant with the help of axe, as a result of which he sustained two injuries on his head including two fractures.

(3.) So as to hold to accused/appellant guilty, prosecution has examined as many as 13 witnesses in support of its case, Statement of the accused/ appellant was also recorded under Section 313 of the Code of Criminal Procedure in which denied the charge leveled against him and pleaded his innocence and false implication in the case.