SIYARAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has preferred this appeal challenging the conviction and sentence awarded to him on 3.4.2005 in Sessions Trial No. 400/2005 by the 8th Addl. Sessions Judge (F.T.C.), Raipur, (C.G.), whereby after holding him guilty of the offence punishable under Section 307 IPC, the learned A.S.J. has awarded the sentence of 7 years R.I. and fine of Rs. 1000/- in default of payment or fine to undergo 3 months R.I. more.

(2.) The case of the prosecution is that on 14.8.2005 at about 10 p.m. the appellant was showing a knife to one Birbal (P.W.7). While brandishing the knife in the air, it torned clothes of Birbal and Birbal runaway to his house out of fear. This was intervened by victim Bisahu Ram, (P.W.1), on which, the appellant caused one stab wound at his left Iliac-Fossa, which was 1-1 cm width and was skin deep into the intra abdominal cavity. The victim was examined by Dr. K.C. Uraon (P.W.2) on 15.8.2005 who found the injury to be grievous in nature and who referred the victim to the Medical College. Hospital, for further treatment. On advice of the and Doctor, X-Ray examination was also conducted, but no abnormality was detected in the said examination as is contained in report (Ex. P.4).

(3.) The learned A.S.J. after conclusion of the trial, held the appellant guilty u/s 307 IPC and sentenced him as above. It is against this judgment, passed by the A.S.J., the appellant has preferred this appeal.