SADHRAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 08.09.2017 passed by Second Additional Sessions Judge, Balodabazar (C.G.) in Session Trial No. 22/2017, wherein the said court convicted the appellant for commission of offence under Sections 186, 506 (Part-II), 353 and 333 of IPC, 1860 and sentenced to undergo R.I. for 3 months, R.I. for 5 years, R.I. for 2 years and R.I. for 7 years and fine of Rs. 1000/- respectively with further default stipulations.

(2.) In the present case, complainant is Rakesh Chandra (PW-5) who is Constable in police department. As per version of the prosecution, said Rakesh Chandra went to Village- Rekotar on 23.12.2016 along with other police officer to arrest the present appellant and they arrested him and brought to police out- post. The appellant asked to the complainant to leave him for answering call of nature and the complainant went with the appellant to outside the area where the appellant assaulted him by sharp floor stone. 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:-