KALAM SAI, Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 08.11.2001 passed by First Additional Sessions Judge, Ambikapur, District- Surguja (C.G.) in Session Trial No. 169/2000, wherein the said court convicted the appellant for commission of offence under Sections 325 and 324 of IPC, 1860 and sentenced to undergo R.I. for 3 years and fine of Rs. 500/- and R.I. for 1 year and fine of Rs. 500/- respectively with further default stipulations. All the sentences to run concurrently.

(2.) In the present case, name of the victims are Shyam Ram and Mankunwar. Mankunwar is mother of Shyam Ram. As per version of the prosecution, on the date of incident i.e. on 02.02.2000 at about 6:30 p.m., Shyam Ram was at home situated at Village- Amagasi where the appellant came and abused that they have thrown garbage in his house, thereafter, he assaulted Shyam Ram by axe and when her mother namely Mankunwar intervened, the appellant assaulted her. Some persons intervened into the matter and thereafter, report was lodged. The matter was investigated, the appellant was charge- sheeted and after completion of trial, he was convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-