KAMTA PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against impugned judgment of conviction and order of sentence dated 13-01-1998 passed by the Additional Sessions Judge, Jashpur Nagar, District Raigarh, in Sessions Trial No. 126/1997, by which, the appellant No.1-Kamta Prasad has been held guilty of commission of offence under Section 307 of IPC and ordered to undergo sentence as described below:-

(2.) It is said that on the date of incident, during screening of a video film in the village, quarrel took place between Anil, DW-1, brother of the appellant-Kamta and Looten and Booten, brothers of Ram Sai, PW-1. It is said that Looten and Booten assaulted Anil with the help of torch, in which, Anil sustained some injury on his head.

(3.) The prosecution story is that the appellants thereafter, came across Ram Sai, PW-1 and other witnesses nearby the place of earlier incident and then the appellants assaulted Ram Sai leading to injury on his head and the injured persons were medically examined. There was a linear fracture found on the head of Ram Sai, PW-1 and another simple head injury. After usual investigation, charge sheet was filed against the appellant and two other co-accused. During trial, while the appellant was held guilty of commission of offence under Section 307 of IPC for causing head injury to Ram Sai, PW-1, other accused were acquitted by giving them benefit of doubt. This appeal arises out of the aforesaid judgment of conviction and order of sentence.