VENUDHAR @ BHUVNESHWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This matter has been listed for further orders. However, with the consent of the parties, it is heard finally.

(2.) Present Criminal Revision has been filed by the applicant against judgment dtd. 26/4/2017, passed by the learned Additional Session Judge, Sarangarh, District- Raigarh, in CRA-24 of 2016, whereby the appeal filed by the applicant against the judgment of conviction ;and order of sentence dtd. 17/8/2016 passed by the learned Judicial Magistrate First Class, Sarangarh, District-Raigarh in Criminal Case-717 of 2004 has been dismissed, and his conviction and sentence awarded 19:08:25 +0530 by the learned trial Court has been affirmed.

(3.) Brief facts of the case are that on 5/3/2003, complainant- Saudagar Patel lodged report, Ex.P1 to the Police alleging that on that day at about 5 pm, the applicant abused and assaulted him when he had gone to serve the summons. Based on the written complaint, FIR Ex.P2, for the offences under Ss. 394, 353, 506 and 294 of the IPC. Complainant was sent for his medical examination to the Government Hospital, Baramkela, where he was examined by the doctor, and found injuries. Applicant has looted his carry bag, in which four summons, stamp-pad, and the application filed by the plaintiff are there, and thus, the applicant has obstructed the complainant from discharging public duty. Statements of the witnesses have been recorded, and after completion of investigation, charge-sheet was filed before the learned JMFC Sarangarh, for the offence under Ss. 394, 353, 294, 186, 341 and 201 of the IPC. Learned trial Court has framed charge against the applicant initially for the offence under Ss. 294, 341, 506 Part-II, 186, 353, 201, and 394 of the IPC. However, on 9/8/2016, charges have been amended, and contents of the charge under Sec. 394 were added. Opportunity to re-examine and re-cross examine the witnesses has been provided for the parties, but they have not availed the remedy. The applicant denied the charge and claimed trial.