PHOOLCHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 10.08.1999 passed by Additional Sessions Judge, Surajpur, District-Surguja (C.G.) in Session Trial No. 204/1989, wherein the said court convicted the appellant for commission of offence under Section 333 of IPC, 1860 and sentenced to undergo R.I. for 5 years and fine of Rs. 200/- with further default stipulations.

(2.) In the present case, complainant is Shashikant Mishra who was Forest Guard. On the date of incident i.e. on 05.06.1988, when he was coming to his residence at Village- Latori at about 7:00 p.m., the appellant assaulted him by club. It is alleged that some action was taken by the Forest Guard against the appellant for unauthorized possession of some wood that is why the appellant assaulted him. The matter was reported, the appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

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