(1.) This appeal is preferred against judgment dated 29th of October, 2018 passed by the Fourth Additional Sessions Judge, Durg (C.G.) in Sessions Trial No.63/2017 wherein the said Court convicted the appellant- Yogendra Dewangan for commission of offence punishable under Section 452 & 307 of the Indian Penal Code, 1860 and sentenced him to undergo R.I. for 6 months and fine of Rs. 1000/-, R.I. for 4 years and fine of Rs. 1000/- with default stipulations.
(2.) In the present case, name of the victim is Jagannath Dewangan, as per version of the prosecution at Harinagar Katulbard on 5th of June, 2016 at about 5 pm, the appellant entered into the house of the victim- Jagannath Dewangan and assaulted him by knife on his neck and and appellant also assaulted to his wife near her left ear. Both victim husband and wife received injuries and after this, the accused/appellant ran away. Thereafter, matter was reported, investigated, charge-sheeted and Court convicted the accused/appellant as mentioned above.
(3.) Learned counsel for the appellant submits as under :-