BABULAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is directed against the judgment dated 23.03.2006 passed by the First Additional Sessions Judge, Balodabazar, in Criminal Appeal No. 70/2005 by which the learned Additional Sessions Judge, modifying the judgment dated 16.02.2005 passed by the Judicial Magistrate, First Class, Baloda Bazar, in Criminal Case No. 1558/2004, convicted the applicant under Sec. 325 Penal Code and sentenced him to the period already undergone by him in judicial custody during the trial i.e. 4 months 10 days and imposed upon him fine of Rs 5000.00 and also directed him to pay a sum of Rs. 2,000.00 separately as compensation to the complainant.

(2.) Being aggrieved by the judgment passed by the learned Additional Sessions Judge, the applicant has preferred the present Criminal revision.

(3.) Case of the prosecution in brief is that there was a property dispute regarding a piece of land and construction of house between the applicant and complainant Narayan Sahu. The applicant used to demand land and money from the complainant, but the complainant refused to give him. On account of this issue, the applicant had rivalry with the complainant. On 11.03.1995, in order to guard his articles of wood, complainant Narayan was sleeping on a cot near Luniya Pond. In the night, at about 12.45 hours, the applicant came there and assaulted him with an axe on the head, the right and left elbows. The complainant snatched the axe from the possession of the applicant and shouted for help. Having heard the voice of the complainant, son of his uncle namely Mohit came there. Having seen Mohit coming, the applicant fled from there. Thereafter, the complainant was taken to his home by the villagers and the complainant narrated the incident to the villagers at his home. Later on, First Information Report (Ex.P.-5) was lodged in Police Station Bilaigarh, District Raipur. The complainant was sent to hospital for medical examination wherein he was advised for X-ray. X-ray report is Ex.P-3 wherein the doctor found fracture of left elbow joints bone.