NARAYAN DAMODAR Vs. STATE OF CHHATTISGATH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 09.01.2001 passed by the Additional Sessions Judge, Janjgir, Sessions Division-Bilaspur in S.T.No.170/99, convicting the accused/appellant under Sections 450, 307, 324 of IPC and sentencing him to undergo RI for five years, fine of Rs.500/-; RI for five years, fine of Rs.500/-; and RI for one year with default stipulations respectively.

(2.) Brief facts of the case are that marriage of injured Tihar Bai @ Rukmani Bai (PW-9) was solemnized with the accused/appellant about two years prior to the date of incident and the appellant used to suspect her chastity and ask for giving him divorce. As PW-9 refused to give divorce to the appellant, on 21.2.1999 when PW-9 along with her grand-mother Mekribai (PW-1) was sitting together opposite to their house, the accused/appellant reached there armed with knife and caused injuries to them. Unnumbered FIR (Ex.P/6) was lodged against the appellant on 21.2.1999 at the instance of PW-9, based on which offence under Sections 307 & 323 of IPC was registered against him. Thereafter, numbered FIR (ExP/14) was registered against the appellant. PW-1 was medically examined vide Ex.P/7 by PW-10 Dr. UC Sharma who noticed one incised wound on her left elbow dorsum and contusion over right side of thigh and opined that the said injuries were simple in nature. PW-10 also medically examined PW-9 vide Ex.P/8 and found as many as seven incised wounds on her body, caused by hard and sharp object. In his opinion, the injuries suffered by PW-9 could have been fatal to her life for want of immediate medical treatment. After investigation charge sheet was filed against the appellant under Sections 307, 323, 324, 450 of IPC. However, the trial Court framed charges under Section 450, 307 and 324 of IPC against him.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 12 witnesses. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.