KULDEEP CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is arising out of impugned judgment of conviction and order of sentence dtd. 11/08/2006 passed by the learned Sessions Judge, Raipur, District ' Raipur in Sessions Trial No.135/06 by which the appellants have been convicted and sentenced as under - <FRM>JUDGEMENT_52_LAWS(CHH)12_2023_1.html</FRM>

(2.) The prosecution case in brief is that on 11/01/2006 at village ' Kukra, a cultural programme performed by Panchram Mirdha and Kulwantin Bai was organised. In order to maintain the law and order, Assistant Sub-Inspector"Kanhaiyalal Daharia (PW4) and Head Constable ' Amoliram Sahu (PW5) went there. In the night around 2 hrs, some boys were creating disturbance in the programme. At that point of time, ASI Kanhaiyalal Daharia (PW4) and Amoliram Sahu (PW5) tried to pacify them. At that time, all of them, with common intention, started abusing Kanhaiyalal Daharia and started beating him with hands and fists as a result of which, one teeth of ASI ' Kanhaiyalal Daharia (PW4) was broken. Mohan Sahu and Ramji Sahu who were present at the spot tried to intervene and informed that Kuldeep and his friends have assaulted and thereby deterred the public servant from his duty.Kanhaiyalal Daharia (PW4) lodged FIR (Ex.P/4) at police station' Mandirhasoud. He was sent for medical examination. Dr. Kripashankar Rai (PW3) gave medical report (Ex.P/3). Assistant Sub-Inspector-R.N.Pandey (PW6) prepared spot map in Ex.P/6. Statement of the witnesses were recorded. The appellants were arrested and after due investigation, charge sheet was filed before the Court of Chief Judicial Magistrate, Raipur which was registered as Criminal Case No.582/2006 and vide committal order dtd. 28/03/2006, the case was committed to the Sessions Court. The appellants were charged as aforesaid. They abjured their guilt and claimed to be tried.

(3.) Prosecution, in order to bring home the guilt of the appellants, examined as many as 7 witnesses i.e. Jagdish Prasad Sahu (PW1), Ramji Sahu (PW2), Dr. Kripashankar Rai (PW3), Assistant Sub-Inspector' Kanhaiyalal Daharia (PW4), Head Constable-Amoliram (PW5), A.S.I. R.N.Pandey (PW6) and Head Constable-Vijaylal Sahu (PW7) and exhibited as many as 9 documents.Learned trial Court after appreciation of evidence, oral and documentary, found the appellants guilty, convicted and sentenced them as stated above by the impugned judgment which is under challenge before this Court.