HUSSAIN KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is directed against judgment dated 30.8.2010 passed by Additional Sessions Judge, Bemetara Distt. Durg in Session Trial No.14/2010 wherein the said Court convicted appellant for commission of offence under Section 307 of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for 05 years and to pay fine of Rs.500/- with default stipulation.

(2.) In the present case, name of the victim is Ramji Yadav. As per the version of the prosecution, on 31.12.2009 at about 9.00 pm when victim Ramji Yadav along with other persons doing the work of decorating the road by writing "Happy New Year" for celebrating new year, the appellant came there and used filthy words and asked what he is writing. Quarrel took place between the appellant and the victim and the appellant hit the victim on his stomach by knife resulting which he fell down. The victim was admitted to Sector 9 Hospital, Bhilai. The matter was reported and the appellant was charge sheeted. After completion of trial, the appellant has been convicted and sentenced as mentioned above.

(3.) Learned counsel for the appellant submits as under: