AAKASH CHAUDHARY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant against the impugned judgment dtd. 3/12/2024 passed by learned Sessions Judge, Surajpur, in Sessions Case No. 65/2019, whereby the appellant has been convicted for the offence under Sec. 325 of IPC and Sentence RI for one year with fine of Rs.500.00, in default of payment of fine amount further R.I. for one month.

(2.) The case of the prosecution in brief is that on 1/4/2019, there were altercation between the appellant and the complainant on the issued of playing cricket at Ajab Nagar High School ground and when the complainant pull the pant of the appellant, he assaulted him on his head by the cricket bat by which the complainant received injury on his head including fracture of head bone. The complainant was taken to Mission Hospital, Ambikapur, from where he was shifted to Jivan Jyoti Hospital, Ambikapur and subsequently to D.K. Superficiality Hospital, Raipur. The incident was reported to the Police by the brother of the complainant namely Vikas Sarkar (PW/6) on which report (Ex-P/3) and the FIR (Ex-P/7) was registered against the appellant for the offence under Sec. 294, 506, 323 of IPC. The MLC report of the complainant (Ex-P/6A) was obtaining and after receiving the medical treatment, documents of the complainant recording statement of the witnesses. The charge-sheet has been filed by the Police before the learned Chief Judicial Magistrate, Surajpur for the offence under Sec. 294, 506, 323, 325 and 307 of IPC. The case was committed to the Court of learned Sessions Judge, Surajpur for its trial.

(3.) The learned Trial Court has framed charge against the appellant for the offence under Ss. 294, 506-B, 307 of IPC. The appellant denied the charge and claimed trial.