RANBAAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by appellant under Sec. 374 (2) of the Cr.P.C., 1973 challenging the judgment of conviction and order of sentence dtd. 26/2/2020 passed by the First Additional Sessions Judge, Balod, District Balod (CG) in Sessions Case No.89/2018, whereby the appellant has been convicted and sentenced in following manner:-

(2.) Facts of the case, in nutshell, are that, victim -Iqbal (PW-2) had sold chicken to the appellant/accused. At the time of incident on 30/7/2018, he demanded money from appellant, then appellant abused, threatened and assaulted him by means of wooden stick ( ) on his head with intention to kill him. Victim fainted to the injuries sustained by him. He was admitted in the hospital, where he remained from 30/7/2018 to 24/8/2018. FIR (Ex.P-1) was lodged by Gulaban Bee (PW-1), who is mother of the victim. During course of investigation, police as well as Patwari prepared spot map, wooden stick was seized vide seizure memo (Ex. P-11) on the basis of memorandum statement (Ex. P-10) of appellant, he was arrested, medical report and bed head ticket of victim -Iqbal was obtained, after investigation, chargesheet under Ss. 294, 506 part-II and 307 of IPC was filed against the appellant before Chief Judicial Magistrate, Balod, who in turn, committed the case to the Sessions Judge, thereafter, it was transferred to First Additional Sessions Judge, Balod, who tried the case.

(3.) Learned trial Court framed charges under Ss. 294, 506 part-II and 307 of IPC, which was read over to the appellant /accused, who denied the charges.