NIZAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dtd. 27/4/2004 passed by the learned Sessions Judge Raipur (C.G.) in S.T. No. 187/2003 whereby, the learned Session Judge has convicted the appellant for the offence punishable under Sec. 324 of IPC and sentenced him to undergo rigorous imprisonment for 2 years.

(2.) Brief facts of the case are that complainant Sheikh Akram is a motorcycle mechanic and has a shop at Nagar Ghadi Chowk, Raipur. On the date of incident i.e. on 6/11/2002 at about 12 noon, he was going to his shop. When he reached Nagar Ghadi Chowk, appellant/accused Nizam came there and abused Sheikh Akram saying why did you get my brother to consume liquor and attacked the forehead of the complainant with the help of Gupti with the intention to cause his death. Sheikh Hussain intervened to save the complainant. The appellant fled away from the spot saying that he would be killed. At the time of the incident, coaccused Jamila Khatoon was also present on the spot. The matter was reported to the police station Telibandha, Raipur and consequently, FIR vide Ex.-P-8 was registered. Spot map was prepared vide Ex.-P-9 and the injured Sheikh Akram was sent for medical examination vide Ex.-P-4. The blood-stained Gupti was seized from the accused vide Ex.-P-3 and the same was sent for chemical examination vide Ex.-P-6. After completion of the investigation charge sheet was filed against the appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 6 witnesses. Statement of the accused/appellant along with coaccused was also recorded under Sec. 313 of the Cr.P.C. in which they denied the charges leveled against them and pleaded innocence and false implication in the case. The appellant and co-accused have adduced one witness in their defence.