LAJPATRAI SHANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 01/10/2002 passed in Sessions Trial No. 314/1994 by the Fifth Additional Sessions Judge, Surajpur (C.G.), whereby the Appellant has been convicted under Sections 307 of the Indian Penal Code and sentenced to undergo RI for 4 years.

(2.) Facts of the case are that prior to the incident, the Appellant was medical practitioner. He had taken Rs. 1000/- from Budhram (henceforth 'the Complainant') for treatment of his brother, however, his brother died. On 11/01/1994 at about 2:00 pm, the Complainant met with the Appellant on the way and asked to refund Rs. 1000/- from the Appellant as his brother had died. On this, the Appellant assaulted the Complainant by a Lathi due to which he sustained injuries. The matter was reported vide Ex.P-1 by Sundari Bai (PW2), wife of the Complainant. The Complainant was medically examined by Dr. K.K. Gupta (PW11). His report is Ex.P-22. Statements of the Complainant and other witnesses were recorded under Sections 161 of the Cr.P.C. After completion of investigation, a chargesheet was filed. Trial Court framed the charges. To prove the guilt of the Appellant, the prosecution has examined as many as 11 witnesss. Statement of the Appellant under Section 313 of the Cr.P.C has been recorded, wherein he has pleaded his innocence and false implication in the matter. Two defence witnesses have been examined.

(3.) After trial, the trial Court has convicted and sentenced the Appellant as mentioned in paragraph one of this judgment. Hence, this appeal.