(1.) This appeal is directed against the judgment dated 20th June, 2006 delivered by Shri A.K. Gaikwad, 4th Additional Sessions Judge, Durg (C.G.) in Sessions Case No. 19 of 2006 whereby the appellant was convicted under Sections 324 and 457 of the IPC and sentenced to undergo rigorous imprisonment for three years under Section 324, IPC and a fine of Rs. 500/- and to rigorous imprisonment for four years under Section 457, IPC and a fine of Rs. 500/-. In default of payment of fine, it was directed that the appellant shall undergo rigorous imprisonment for six months for each offence.
(2.) Briefly stated the prosecution story is that Ramu Takri was working as Guard in the I.O.W. Construction Office of Railway Department in Bhilai-3 on 24-10-2004. At about 1.00 A.M. the appellant scaled the boundary wall and entered the premises to commit theft of fish plates. Ramu Takri warned the accused from doing so whereupon the appellant snatched the club from Ramu Takri and assaulted him repeatedly on the skull and ran away. Ramu Takri lodged FIR at 1.45 A.M. at Police Station G.R.P. Bhilai vide Ex. P-10. On medical examination, Dr. P. Akhtar, Senior Medical Officer, District Hospital, Durg P.W. 15 found the following injuries:
(3.) The appellant was arrested on 30-10-2004 by A.S.I. Raj Kumar Bojha P.W. 14 of Outpost Charoda, Bhilai. On the memorandum of appellant dated 31-10-2004, one club was recovered from the bushes. The bloodstained clothes of the appellant were also recovered. Examination of the club and the clothes of the appellant by the FSL revealed presence of blood on these articles. After completion of investigation, the appellant was prosecuted.