KAPOOR DUBEY @ SAURABH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dtd. 25/3/2013 passed by Third Additional Sessions Judge, Raipur in Sessions Trial No.179/2011 whereby and whereunder the trial Judge after holding the appellant guilty for attempt to take life of complainant Sunita Jain (PW-1) convicted him under Sec. 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 10 years and also to pay fine of Rs.500.00, in default of payment of fine, to further undergo RI for three months with a direction to set off the period of detention from 1/6/2011 till date of judgment i.e. 25/3/2013 under Sec. 428 of the Code of Criminal Procedure, 1973 (for short 'the Code'). He was also acquitted of the charges under Sec. 456 and 354 of the IPC by the trial Court.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned, thereby committed illegality.

(3.) As per the case of the prosecution, on 20/5/2011 at about 8.30 pm complainant (PW-1) was cooking food. The accused/ appellant entered into the premises and asked for water. Thereafter he caught the complainant with intention to outrage her modesty. When the complainant resisted, he assaulted her with griddle over head face and other parts of the body. The matter was reported to Pandri Police. The Police registered FIR (Ex-P/5) against the accused appellant under Sec. 456 and 307 of the IPC and sent the complainant/victim for MLC and also for treatment. Dr. BV Nagraj (PW-5) noticed 8 injuries over face, chest and other parts of the body of the complainant and opined that the said injuries may be caused by hand and blunt object. He gave his report (Ex-P/5). During investigation, the Police has recorded the statement of the witnesses under Sec. 161 of the Code. Spot map (Ex-P/10) was prepared, blood stained clothes were seized from the accused appellant and the victim from the spot. The articles with blood stains were seized and collected.