DEO SAHAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Three accused persons, namely, Dev Kumar, Jagdish Kumar and Deo Sahay were charge-sheeted for the commission of offence punishable under Section 325 read with Section 34 of the Indian Penal Code, 1860 ("IPC for brevity) on the charges that on 07/09/2004, at about 5 : 00 p.m., complainant-Jagnandan (PW-2) came to the house of applicant herein Deo-Sahay to purchase and to drink country made liquor and after drinking the liquor, blamed the accused for providing sour liquor and instead of making payment of liquor, started to blow filthy languages and in that process, they have beaten each other, by which, complainant-Jagnandan (PW-2) received injury, which was reported to the Police Station Belgehna on 10-09-2004. After completion of investigation, charge-sheet was filed and they were tried for the said offences.

(2.) All the three accused persons denied the charges stating that they were falsely implicated in the case and claimed to be innocent.

(3.) In order to bring home the offence, prosecution examined as many as eight witnesses and exhibited twelve documents in support of his case, whereas, defence neither examined any witness nor exhibited any document.