PARESHWAR SATNAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 25/1/2012 passed in Sessions Trial No.28/2010 by the Additional Sessions Judge, Sarangarh, District Raigarh, by which the appellant herein has been convicted and sentenced as under: - <FRM>JUDGEMENT_72_LAWS(CHH)7_2022_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 22/5/2010 at 8 p.m., the appellant herein assaulted complainant Shivaji Ratnakar (PW-7) by sharp-edged knife while he was brushing his teeth in the courtyard outside his house, on his stomach, right forearm, left forearm, left arm above elbow and also caused incised wound in the size of 4.5 cms. x 2 cms. deep cut near chest. When the complainant (PW-7) shouted, Kiran Kumar (PW-10) came to intervene, then the appellant also assaulted Kiran Kumar (PW-10) who also suffered six incised wounds and thereafter, the appellant also assaulted Puniram (PW-8) and Tipu Sultan (PW-16). Shivaji Ratnakar (PW-7), Kiran Kumar (PW-10) and Tipu Sultan (PW-16) all are sons of Puniram (PW-8). It is the further case of the prosecution that immediately thereafter, on the report of Shivaji Ratnakar (PW-7) on the first information report being made by him, all the injured persons were sent to Primary Health Centre, Sarangarh and articles were seized vide Exs.P-14 to P-19. Spot map was prepared vide Ex.P-20. Seized knife and other articles were sent for forensic examination to the Forensic Science Laboratory (FSL) and the FSL report dtd. 4/8/2010 was brought on record in which blood was found on all articles including knife.

(3.) After due investigation, charge-sheet was filed against the appellant for offence under Ss. 307, 324, 325 and 506 of the IPC and also under Sec. 25 of the Arms Act before the Court of Judicial Magistrate First Class, Sarangarh and the case was committed to the Court of Sessions, Raigarh from where the learned Additional Sessions Judge, Sarangarh received the case on transfer for trial.