HARPRASAD KEWAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 28.10.2009 passed by Additional Sessions Judge, Sakti in Sessions Trial No.101/2009 convicting the accused/appellant under Section 307 IPC and sentencing him to undergo rigorous imprisonment for five years and pay fine of Rs.5,000 in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) CASE of the prosecution in brief is that on 26.1.2009 at about 9.05 a.m. FIR Ex. PI was lodged by Horilal (PW 1) father of injured Anjali (PW2) alleging that on that day at about 7.30 a.m. he had gone to attend the call of nature and his daughter to the canal for cooking food for the people working there. It is alleged that after hearing the. cries of his daughter when he reached the spot, he saw the accused/appellant assaulting his daughter with knife saying that in spite of his refusal why she was cooking food and that he would kill her. It is further alleged that on seeing him, the accused/appellant ran away from the spot after throwing the knife. It is alleged that on being asked the victim had told him that on account of cooking food in spite of appellant 's refusal, he assaulted her with knife with an intention to kill her. Based on this FIR, offence under/Section 307 IPC was registered against the accused/appellant and after investigation challan was filed by the police on 28.2.2009 for the offences under Sections 307 IPC and 25 of the Arms Act and then the Court below also framed the charges under the same sections.

(3.) AFTER hearing the parties, the Court below acquitted the accused/appellant of the charge under Section 25 of the Arms Act but convicted and sentenced him as mentioned above in paragraph No. 1 of this judgment.