JITENDAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 03.11.2015 passed by Additional Sessions Judge Raigarh, in Sessions Trial No. 44/2013 convicting the accused/appellant under Sections 307 IPC and 25 Arms Act and sentencing him to undergo rigorous imprisonment for five years with fine of Rs. 500/- u/s 307 IPC and rigorous imprisonment for three years with fine of Rs. 500/- u/s 25 Arms Act, plus default stipulations.

(2.) Case of the prosecution in brief is that on 25.01.2013 at 9.45 AM the accused/appellant caused number of injuries on the vital parts of Sanjit Singh (PW-1) with sword. Immediately after the incident the injured was taken to Government Hospital, Kharsia for treatment; Dehati Nalisi (Ex. P-3) was recorded at the instance of Soukin Singh (PW-3) and then FIR Ex. P-11 came to be registered against the accused/appellant for the offences punishable under Sections 307 IPC and 25 Arms Act. Injured was medically examined by Dr. (Smt.) Lalita Rajnala (PW-5) who gave her report Ex. P-5A stating that she noticed five incised wounds on his body. After completion of investigation, charge sheet was filed by the police for the offence punishable under Sections 307 IPC and 25 Arms Act followed by framing of charge accordingly.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 06 witnesses in support of its case. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.