HIRESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is against the judgment of conviction and sentence dated 25.05.2012 passed by Fourth Additional Sessions Judge, Raipur in ST No.03/2010 whereby the appellants have been convicted under Section 307 and 307 read with Section 34 IPC and sentenced to undergo R.I. for 10 years and fine of Rs.200/-, in default of payment of fine amount, additional R.I. for Two days was awarded.

(2.) As per the case of the prosecution on 21.09.2005 at about 8 pm when the complainant Mahendra Joshi was standing near a grocery shop in the village, the appellants Hiresh Kumar Jangde and Durga Prasad over an old enmity of two months back abused the complainant and started assaulting him by way of a club. Subsequently, they were joined by Gopal Prasad Jangde, he also started assaulting. By such assaulting, the complainant fell down on the spot and the villages namely Ramkrishna, Samaru, Atma etc. intervened, upon which the appellants abused and extended threat and went away. Subsequently, the complainant was taken to the hospital and he was treated and was also subjected to operation. On the report of the complainant, the police investigated the case.

(3.) Initially a charges-sheet under Sections 294, 506, 323 and 325 read with Section 34 was filed. Subsequently, the Court has framed the charges on the basis of the evidence available under Section 307 read with Section 34 IPC and the appellants were tried under such Section. During the course of trial, the appellants abjured the guilt and claimed to be tried. The prosecution on their behalf had examined the complainant Mahendra Kumar Joshi as PW-1, Atma Ram, the eye witness as PW-2, Ram Kishun Joshi, who was also an eye witness as PW-3 and Mangal Das as PW-5. Doctor K.S. Rai, who initially examined the injured was examined as PW-4. Doctor Rajesh Jain, who operated the complainant was examined as PW-7. Doctor Anand Jaiswal, who conducted the CT Scan of the appellant was examined as PW-8. After evaluating the evidence, the aforesaid conviction was made and sentence was passed, therefore, the present appeal is filed.