(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 03.01.2017 passed by Additional Session Judge, Bilaspur (C.G.) in Session Trial No. 17/2015, wherein the said court convicted the appellant for commission of offence under Sections 307 & 323 of IPC, 1860 and sentenced to undergo R.I. for 10 years and fine of Rs. 20,000/- & R.I. for 6 months and fine of Rs. 500/- respectively with further default stipulations.
(2.) In the present case, victim for offence under Section 307 of IPC is Badri Prasad while victim for offence under Section 323 of IPC is Suruj Bai. As per version of the prosecution, on 31.08.2014, Suruj Bai had gone to field with her husband namely Badri Prasad and they were removing grass etc. from the field where the appellant reached and some altercation took placed between them for flowing of water in their respective field. At the same time, the appellant gave spade blow on head of victim- Badri Prasad as a result of which, he fell down and became unconscious. When Suruj Bai intervened into the matter, the appellant also assaulted her. The matter was reported and investigated, the appellant was charge-sheeted and after completion of trial, convicted as mentioned above.
(3.) Learned counsel for the appellant submits as under:-