DEEPAK NAG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment dated 16/01/2020 passed in S.T. No.16/2019 by the Sessions Judge, South Bastar, Dantewada, (C.G.) wherein appellant has been convicted and sentenced as under :

(2.) Facts of the case, in brief, are that on 16/11/2018 at about 12:15 PM, complainant Manohar Chouksey (PW-2) had gone along with Arun Kumar Shridhar (PW-3) and Bula Shrinivas (PW-4) to Prakash Vidhyalaya, Bacheli, for inspection of a school. When they were doing inspection of the school, appellant assaulted Manohar Chouksey (PW-2) from back side with the help of 'gaiti' due to which he sustained injury on his body. Then, Arun Kumar Shridhar (PW-3) and Bula Shrinivas (PW-4) caught hold the appellant. A written complaint was made by complainant Manohar Chouksey (PW-2) vide Ex.P-2 and on the basis of the said, F.I.R. was registered vide Ex.P-3. Statements of the witnesses were recorded under Sec. 161 of Cr.P.C. After completion of the investigation, a charge-sheet was filed. Trial Court framed the charge under Sec. 307 of the I.P.C. To prove the guilt of the accused/appellant, prosecution has examined as many as 10 witnesses. No defence witness has been examined. Statement of appellant under Sec. 313 of the Cr.P.C. was recorded, wherein accused/appellant has pleaded innocence and false implication in the matter.

(3.) After completion of trial, the trial Court has convicted and sentenced the appellant as mentioned in paragraph 1 of this judgment. Hence, this appeal.