PARMESHWAR RAJWADE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 29-7-2015 passed by the Additional Sessions Judge, (FTC), Surguja (Ambikapur) (CG) in Sessions Trial No. 142 of 2011 wherein the said Court has convicted the appellant for commission of offence under Section 307 of IPC and Section 25 (1-B) of the Arms Act, 1959 sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs.2000/- and RI for one year and to pay fine of Rs.100/-, with default stipulations. Both sentences are directed to run concurrently.

(2.) As per version of prosecution, marriage of victim namely Rajdhani was performed with appellant at Anuj Nagar but she was residing with her mother namely Rambai since Durga worship. Appellant is husband of victim Rajdhani. On the date of incident i.e., on 6-4-2010 at about 11.00 a.m., appellant visited the house of Rambai for taking his wife Rajdhani with him, but on refusal by Rajdhani appellant assaulted said Rajdhani by sword and also assaulted Ram Bai, Shobhnath and Reena Bai who intervened in the matter. The matter was reported and investigated. After completion of trial, the appellant was charge-sheeted and convicted as aforementioned.

(3.) Learned counsel for the appellant would submit as under: