LAWS(CHH)-2017-6-70

BABULAL PARTHI Vs. STATE OF CHHATTISGARH

Decided On June 23, 2017
Babulal Parthi Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This revision petition is directed against the judgement dated 19-01-2005 passed by First Additional Sessions Judge, Raigarh in Criminal Appeal No.49/2004 in which the conviction of applicant recorded by trial Court under Section 325 of the IPC and sentenced to undergo simple imprisonment for one year along with fine of Rs.100/- and under Section 294 of the IPC sentenced to pay fine of Rs.100/- with default stipulations, was upheld.

(2.) Case of the prosecution in brief is that complainant Vridhichand (PW-1) was sitting near the house of Droupadi Bai (PW-3) at about 2-30 p.m. in Village Banjari, one Gopal (PW-4) kept his cycle in front of the house of applicant, getting annoyed with that applicant, threw away his cycle, on which Gopal (PW-4) had some exchange of words with the applicant. The applicant getting enraged assaulted Vridhichand (PW-1) with a piece of wood thereby causing injury to Vridhichand (PW-1) on his palm, wrist and elbow of both hands. FIR (Ex. P-1) was lodged by Sadhuram (PW-2) in Police Station Sarangarh. The complainant Vridhichand (PW-1) was medically examined, investigation was conducted. After completion of investigation, charge-sheet was filed before the trial Court.

(3.) Trial Court has framed charges under Section 294, 506 (Part-II), 323 and 325 of the IPC. The applicant denied the charges and prayed for trial.