SETLAL BASANLAL GANGARAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 04.04.2002 passed by the First Additional Sessions Judge, Mahasamund, whereby and whereunder the Court below, after holding the appellants guilty for causing injuries to the complainant -Ramlal on his person and private parts, the Court below convicted both the appellants under Section 323 of the I.P.C. and sentenced them to one year Rl with fine of Rs.1000/ - and in default to under further Rl for three months each.

(2.) CONVICTION is impugned on the ground that without there being any iota of evidence against the appellants, the Court below has convicted and sentenced the appellant as aforesaid and thereby committed illegality.

(3.) AS per prosecution story, there was land dispute between the complainant - Ramlal and the appellants. On 15.02.2001 at about 11.30 am, the complainant - Ramlal left his village for village Kurupali (Orissa) on his bicycle for distributing marriage cards. When he was passing through the jungle ahead of village Medinopur, the appellants, who came on their T.V.S. Motorcycle, stopped the complainant and assaulted him by lathis (sticks), upon which, the complainant made hues and cries, then the appellants fled away from the spot. The complainant lodged Dehati Nalishi vide Ex.P.13 and F.I.R. was registered vide Ex.P.14. He was sent for medical examination to Government Hospital, Basna, vide Ex.P.1(A).