GHASIRAM @ BULTHU Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 04-02-2005 passed by the Additional Sessions Judge, Sakti, District Bilaspur (C.G.) in S.T. No. 394/2004, convicting each of the accused/appellants under Sections 325 and 323 read with Section 34 of the IPC and sentencing to undergo rigorous imprisonment for one year and pay fine of Rs. 700/-, in default of payment of fine to further undergo RI for two months each and to undergo RI for three months each. Both the sentences were directed to run concurrently. During the pendency of the appeal one appellant namely Johan @ Konda has expired and case is abated against him.

(2.) The case of the prosecution, in brief, is that on 15-06-2004, there was a dispute and talk between the complainant Manharanlal and appellant No. 1 Ghasiram as he closed the drain and thereafter on the next day i.e. 16-06-2004 when the complainant was standing near the Pan Shop, the appellants came and beaten the complainant with iron rod and lathi and in consequence, the complainant received injuries on his head and fracture on finger etc. and in the incident Manharan Kenwat and Bharat Kenwat also received injuries.

(3.) Complainant Manharan lodged a report which was registered F.I.R. Ex. P-l all the injured persons were sent for examination and treatment. During investigation, medical reports were received and statement of witnesses was recorded, map was prepared, articles were seized and challan was filed against the accused/appellants. Trial Court charged all the accused persons under Sections 294, 307 and 323 read with Section 34 of IPC. They denied the charges and pleaded innocence and falsely implication in the criminal case. Accused also examined 02 defence witnesses namely Ghasia Kenwat (DW/1) and Rendhiya Kenwat (DW/2) in support of their case.