SUNIL SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 10.01.2002 passed by the 1st Additional Sessions Judge, Mahasamund in Sessions Trial No.29/1998 whereby the learned trial Court has convicted the appellant under Section 323 and 394 of the IPC and sentenced him to undergo R.I. for one year and to pay fine of Rs.500/-, in default of payment of fine additional R.I. for two months and R.I. for ten years and to pay fine of Rs.2,000/-, in default of payment of fine, additional R.I. for six months respectively.

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

(3.) Prosecution story, in brief, is that on 04.09.1997 at about 9.00 p.m., at village Jhalap, the accused / appellant and other co-accused persons having conspiracy came together on two Jeeps bearing Nos. CPS-7273 and MP-23D-6262 at the Dhaba and intimating the customers, workers and Ajit Singh (complainant), abused in filthy language and started beating them with lathis and started breaking the articles kept in the Dhaba. They also took away the amount of Rs.3,5007- kept in the cash counter. After the incident, Ajit Singh (PW-7) lodged the FIR (Ex.P-8) regarding the alleged incident on the same day at about 11.00 p.m. On that very day injured persons - Ajit Singh, Bharat Kumar, Shivcharan and Mangal Singh were examined and on next day other injured Jogender Singh was examined by Doctor Mahavir Agrawal (PW-15), who gave his report vide Exs. P-13, P-14, P-15, P-16 and P-9. Breaking articles were seized from the Dhaba and seizure memos Exs. P-5 & P-6 were prepared. Spot maps were also prepared vide Exs. P-4 & P-7.