AYODHIYA PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The matter is heard through Video Conferencing.

(2.) In this appeal filed under Section 374(2) Cr.P.C., the appellant has challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 03.12.2014, passed by the Sessions Judge, Dhamtari, C.G. in S.T. No.13/2014, whereby and whereunder the appellant stands convicted and sentenced as under:-

(3.) Case of the prosecution in brief is that on 07.04.2014 at about 9:30 am, complainant Chandrashekar was spreading muroom on the way to the sewer in the village along with Omkar, Shatrughan, Chandrahas Banjare and other people under Rozgar Guarantee Scheme. After completing their work, they went on the road and sat in front of the cricket ground, at that time accused/appellant came there by using filthy language in public place and assaulted upon the complainant by spade on his head and other parts of his body, as a result of which, complainant sustained grievous injuries on his body. Thereafter, people who were present there called 108 vehicle and sent the complainant to Government Hospital for treatment. On report being made by Complainant to police on the same day, it was recorded in Dehati Nalishi vide Ex.P-1 and thereafter FIR Ex.P-12 was registered against the accused/appellant under Crime No.79/14. The incident was witnessed by Omkar, Shatrughan, Chandrahas Banjare and other witnesses. Injured person was sent for medical examination who was examined by PW-4 Dr. Ashutosh Gupta vide Ex.P-8. The injuries sustained by the injured person are as under:-