SONARU NURETY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The matter is heard through video conferencing.

(2.) This appeal is filed under section 374(2) of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 13/08/2018 passed by Sessions Judge, Kodagaon, District Kondagaon (C.G.) in S.T. No. 20/2015; whereby the appellant Sonaru Nurety stands convicted and sentenced as under:-

(3.) Case of the prosecution, in brief, is that on the date of incident on 20/12/2014 at about 5 PM at village Kohkameta Ghotulpara victim Dinesh Kawachi was sitting in the house of Ayaturam Nurety, brother of appellant, at that time appellant came there with an Axe in his hand and suddenly assaulted upon victim Dinesh Kawachi on his head, as a result of which Dinesh Kawachi sustained injuries on his head, nose and became unconscious. Thereafter, the accused fled from the place of occurrence. The incident was seen by Ayaturam and his wife Rajai Bai. On next day i.e. 21/12/2014 FIR was lodged by Ayaturam vide Ex. P-9 at Police Station Narayanpur, District Narayanpur (C.G.). Victim Dinesh Kawachi was medically examined by PW-01 Dr. Prabhakar Ghote vide Ex. P-1 and he found two lacerated wounds of size 4x0.5x0.5cm over right upper part of occipital region and of size 1x0.5x0.5cm over upper right part of nose. The doctor opined that these injuries were grievous in nature and advised for X-Ray. As per X-Ray report depressed fractures of occipital bone was found vide Ex. P-2. One Axe was seized from accused/appellant vide Ex. P-4. Accused was arrested vide Ex. P-5 on 15.1.2015. Spot map was prepared vide Ex. P-8. Statements of the witnesses were recorded and after completion of the investigation charge sheet was filed against the appellant/accused for offence under Section 307 of IPC.