MANAK CHAND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against judgment dated 23.04.2003 passed by the Third Additional Sessions Judge (F.T.C.), Bemetara, District- Durg (C.G.) in Sessions Trial No.49/2003 wherein the said Court convicted the appellant for commission of offence punishable under Sections 307 of the Indian Penal Code, 1860 and sentenced him to undergo R.I. for 7 years and fine of Rs. 10000/- with default stipulation.

(2.) In the present case, name of the victim is Arjun Ram. As per version of the prosecution victim Arjun Ram reached at village Semariya on 12th of December, 2002 for searching of his father and took dinner with one Hemlal in the home of the appellant thereafter, he went to sleep to the home of Hemlal. On same night near about 12 O' clock appellant assaulted the complainant by knife. Accused Hemlal came when heard a noise of the complainant then the appellant went away. Thereafter, matter was reported and investigated and the appellant was charge-sheeted and convicted as mentioned above.

(3.) Learned counsel for the appellant submits that as per evidence of medical expert all the injuries of the complainant are simple in nature therefore, case of the appellant does not fall within ambit of Section 307 of IPC. From the evidence. It is clear from evidence that complainant tried to assault the appellant and his father by knife but same is over-looked by the trial Court. The trial court has not evaluated the evidence properly therefore, finding of the trial Court is liable to set-aside.