ASHWANI TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeals have been preferred against the judgment dated 5.10.2007 passed by the Additional Sessions Judge, Bilaspur in Sessions Trial No.355 of 2006, whereby each of the Appellants have been convicted and sentenced as under:

(2.) Case of the prosecution, in brief, is that on 11.7.2006 at about 10:30 p.m. Complainant Bahoran was returning on his motorcycle along with his brother Shatruhan. At that time, on the way, the Appellants pelted a big stone over them, as a result of which both of them fell down. Thereafter, the Appellants committed marpeet with them. The incident was reported by Complainant Bahoran. Offence was registered. On completion of the investigation, a charge-sheet was filed. Charge was framed against the Appellants.

(3.) To bring home the offence against the Appellants, the prosecution examined as many as 16 witnesses. The Appellants were also examined under Section 313 of the Code of Criminal Procedure in which they denied the guilt and pleaded innocence. 1 witness has been examined in their defence.