MURARI PRASAD SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 27/5/2015 passed by the First Additional Sessions Judge, Surguja, Ambikapur (CG) in Sessions Trial No. 505 of 2011, whereby learned ASJ after holding the appellants guilty for commission of offences under Sec. 341/34 of the IPC, sentenced each of them to pay fine of Rs.500.00, in default of payment of fine Simple Imprisonment for a month; under Sec. 186/34 IPC, sentenced each of them to pay fine of Rs.500.00, in default of payment of fine, SI for a month; under Sec. 353/34 IPC, sentenced each of them to undergo RI for one year and to pay fine of Rs.500.00, in default of payment of fine, SI for a month; under Sec. 307/34 IPC, sentenced each of them to undergo RI for 7 years and to pay fine of Rs.500.00 in default of payment of fine, to further undergo SI for a month.

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

(3.) Case of the prosecution, in brief is that on 24/8/2011 the victim/complainant namely, Alok Kumar Singh was going from Divisional Office Ambikapur to Sub-divisional Office Gandhinagar on a motorcycle for some official work. The appellants herein came from behind, stopped and obstructed him from doing his official duty. They abused him in filthy language, threatened and assaulted him with an iron rod and stick by which he received injuries on several parts of his body. When brother of the victim Santosh saw it and came there in order to save him, the appellants left him. Thereafter, Santosh took the victim to the hospital and lodged First Information Report vide Ex.P/21.