XEWIAR KERKETTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 4.7.2001 passed in Sessions Trial No.140 of 2000 by the 2 nd Additional Sessions Judge (FTC), Jashpurnagar convicting and sentencing the accused/Appellants as under:

(2.) Case of the prosecution in brief is that on 21.5.2000 she goat of injured/Complainant Asaru had grazed the crop of paddy of accused Xewiar and, therefore, Xewiar had assaulted that she goat. As a result of the assault, she goat had sustained injury on the leg. On 22.5.2000 at about 1:00 p.m., Asaru went to accused Xewiar and asked him about the reason of assault on his she goat. Accused Xewiar abused Complainant Asaru and quarreled with him. Thereafter, both the accused/Appellants assaulted Asaru with Lathi and inflicted injuries on his head, back, right wrist, legs, arms and near eyebrow. First Information Report (Ex.P13) of the incident was lodged by Asaru on the date of incident itself, i.e., 22.5.2000 at about 4:30 p.m. He was examined by Dr. G.S.Paikara (PW4). On completion of the investigation, a charge- sheet was filed against the accused/Appellants under Section 307/34 of the Indian Penal Code. Charge was framed against them under Section 307/34 of the Indian Penal Code.

(3.) After trial, the Trial Court convicted and sentenced the accused/Appellants as mentioned in the first paragraph of this judgment. Hence, this appeal.