SURAJ @ CHOTU CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 1.12.2012 passed by the First Additional Sessions Judge, Raigarh in ST No.45/2012, convicting the accused/appellant under Sec. 307 of Penal Code and sentencing him to undergo RI for 10 years and to pay a fine of Rs.500.00 with default stipulation.

(2.) As per the prosecution case, on 2.1.2012 when injured Vijay Sidar (PW-1) and his wife Anima Sidar (complainant) had gone to jungle for cutting wood, the accused/appellant along with Vicky @ Vijendra (acquit accused) entered their house and took away the mobile of Anima Sidar. When PW-1 enquired from the appellant about cell phone of his wife, the appellant instead of returning the same inflicted knife injury on his left rib. Immediately thereafter FIR (Ex.P/5) was lodged by Anima Sidar, on which offence under Sec. 307/34 of Penal Code was registered against the accused persons. Injured Vijay Sidar (PW-1) was medically examined by PW-2 Dr. R.N. Mandavi vide Ex.P/3 who noticed sharp cutting stab injury on right side of chest below right axilla of size 4.3 cm x 1.5 cm x 1.5 cm and opined that the injury was grievous in nature. The injured remained hospitalized from 2.1.2012 to 13.1.2012. After completing investigation charge sheet was filed against the accused persons under Sec. 307/34 of Penal Code and Sec. 25 of the Arms Act. However, the trial Court framed charge under Sec. 307/34 of Penal Code against them.

(3.) So as to hold the accused persons guilty, the prosecution examined three witnesses. Statements of the accused were also recorded under Sec. 313 of Crimial P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. In defence, the accused/appellant examined himself as DW-1.