DEVENDRA KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 12-04-1999 passed by the 1st Additional Sessions Judge, Balodabazar, District Raipur, in Sessions Trial No. 359 of 1998, whereby and whereunder learned 1st Additional Sessions Judge after holding the appellant guilty for commission of offence, convicted the appellant under Section 307 of the IPC and sentenced him to undergo RI for five years and to pay fine of Rs.5,000/-, in default of payment of fine, to undergo additional R.I. for one year.

(2.) Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, on the fateful day of 28-7-1998 at village Githpuri, Ravi, younger brother of appellant beat Tarunkumar (PW/1) son of Bhojram (PW/9) in the play-ground. Tarunkumar reported the incident to his father. On this, Bhojram (PW/9) rebuked Ravi, who reported the matter to his brother/appellant. Thereafter, appellant came to Bhojram and assaulted him by pointed article over his face and hand as a result of which Bhojram sustained injuries. The incident was witnessed by Tilakram (PW/10), Jaklu and Basawan (PW/11).