SURESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellants in the present appeal have been convicted for the offence under Section 325 IPC and have been sentenced to undergo R.I. for 3 years and fine of Rs. 500/- with default stipulation.

(2.) As per the prosecution case an F.I.R was lodged on 11.03.1999 by PW1 Sheonandan in respect of the Appellants assaulting him at his house causing grievous injuries on his head and other parts of body. Based on the said F.I.R. the Appellants were taken into custody. On due investigation and on the basis of the statements which had been recorded and collected by the prosecution prima facie found the Appellants to have been involved in the said offence. Accordingly the charge sheet was filed and the matter was put to trial before the Additional Sessions Judge, Mungeli District Bilaspur where the case was registered as Sessions Trial No. 184/1999 for the offence under Section 325/34 IPC. During the course of trial the prosecution examined 9 witnesses whereas the defence did not examine any witness. After the conclusion of the trial the Court below reached to the conclusion that the prosecution in the present case has been able to establish the case beyond all reasonable doubts establishing the guilt of the Appellants for the offence under Section 325/34 IPC and sentenced them for the period as mentioned in the first paragraph.

(3.) Learned Counsel for the Appellants submits that the narration and evidence of the prosecution case by itself reflects the background under which the assault was made by the Appellants. It was also contended by the Counsel for the Appellants that in the present case the two appellants are the real sons of the injured victim PW-1 Sheonandan. Taking into consideration the relationship between the two i.e. the Appellants and the victim the Court may consider the case sympathetically. It was further contended by the Counsel for the Appellant that the entire incident occurred because of the fact that it was alleged that PW-1 Sheonandan is said to have raped his daughter in law i.e. wife of the Appellant No.1 Suresh and the whole fight between them arose because of this.