BALMIKI PANIKA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 29.07.2009 passed by Second Additional Session Judge (F.T.C.), Surajpur, District- Surguja (C.G.) in Session Trial No. 03/2009, wherein the said court convicted the appellant for commission of offence under Section 324/34 of IPC, 1860 and sentenced to undergo R.I. for 6 months and fine of Rs. 1000/- with further default stipulations.

(2.) In the present case, name of the victim is Basant Kumar. As per version of the prosecution, on 23.04.2008 at about 10:30 a.m., complainant Basant Kumar was returning from Madhavpur to Surajpur after dropping the passenger and when he reached at Makarbandha Chowk, the appellant with other co-accused namely Vinod & Shivnarayan stopped him and assaulted him by rod and stick as a result of which, he sustained injuries on his head and left leg. The matter was reported and investigated, 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:-