RAM PRASAD @ RAMNATH Vs. STATE OF C G

JUDGEMENT

(1.) Appellant - Ram Prasad @ Ramnath stands convicted for offence - under Section 326 IPC and sentenced to undergo rigorous imprisonment for three years and fine sentence of Rs. 100/-, with default sentence of simple imprisonment for ten days. The judgment and findings have been recorded in Sessions Trial No. 323/2001 by the Additional Sessions Judge, Korba on 14/11/2002. The case of the prosecution in brief is that on 19/05/2001, at about 3.00 p.m., accused/appellant - Ram Prasad @ Ramnath caused grievous injuries by sharp edged deadly weapon i.e. Farsi on the left ear of complainant - Ram Prasad, by which, his auricle (left ear) was cut and separated from the rest of body, then, he became unconscious. He was brought to the Police Station by his son amongst other persons, where the First Information Report (Exhibit-P/2) was lodged and later on, he was admitted to the hospital, where he remained hospitalized for the period from 19/05/2001 to 29/05/2001. After investigation, the Police filed charge sheet before the Court of Judicial Magistrate First Class, Korba for the offence punishable under Sections 324 & 307 IPC against the appellant.

(2.) The appellant abjured the guilt and entered into defence by stating that he has been falsely implicated in crime in question.

(3.) Statement of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (hereinafter called as 'Cr.P.C.'). After completion of the investigation, charge-sheet was filed under Sections 324 & 307 IPC before the Judicial Magistrate First Class, Korba, who in turn committed the case to the Court of Sessions, Korba, from where learned Additional Sessions Judge, Korba received the case on transfer for trial.