BUDHRAM Vs. STATE OF C G

JUDGEMENT

(1.) THESE appeals are directed against judgment dated 19-1-2004 passed by 4th Additional Sessions Judge (FTC), Bastar at Jagdalpur in Sessions Trial No.382/2003, whereby the appellants have been convicted and sentenced in the 1 following manner: <IMG>JUDGEMENT_549_CGLJ1_2013.jpg</IMG>

(2.) CASE of the prosecution, in brief, is as under :- On 4-6-2003, at about 11:30 P.M., injured Dharam Singh (PW-2), after taking his meals, was sleeping in the courtyard situated in front of his house. His wife Subhadra (PW-3) was sleeping inside the house along with their daughter. At about 1:30 A.M., Subhadra (PW-3) heard murmuring of her husband Dharam Singh (PW-2). She woke up and came out of the house. She saw that Dharam Singh (PW-2) was injured. He sustained injuries in his mouth and neck and blood was oozing out. Subhadra (PW-3) called the neighbourers and informed about the incident to the police station telephonically. Subhadra (PW-3) took Dharam Singh (PW-2) to Police Station Bodhghat and lodged First Information Report (Ex.P-6) there. Dharam Singh (PW-2) was sent to Maharani Hospital, Jagdalpur for medical examination vide Ex.P-7. Dr. K.M.Gupta (PW-1) examined Dharam Singh (PW-2) and gave his report (Ex.P-1), in which, he found-

(3.) ON the contrary, Shri R.R.Sinha, learned Panel Lawyer for the State/ respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellants do not warrant any interference by this Court.