BARSADI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is directed against the judgment dated 07.07.2004 passed by the First Additional Sessions Judge, Mahasamund in Criminal Appeal No. 269/2002 by which the learned Additional Sessions Judge, modifying the judgment dated 24.10.2002 passed by the Chief Judicial Magistrate, Mahasamund in Criminal Case No. 1141/2000 convicting applicant No.1, Barsadi under section 326 of IPC and under sections 25 (1B)(b) and 27 (1) of the Arms Act and Applicant No. 2, Mast Ram under section 326/34 of IPC, convicted and sentenced the applicants as follows-

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

(3.) The prosecution case, in short, is that on 29.08.2000, at about 1.30 PM, complainant Bajirao, along with his brother Dulla, was returning home after selling mutton at Swami Chowk, Mahasamund near wine shop. When they reached near Ashirwad Lodge, the applicants met them there and said Bajirao that he had become proudish. Thereafter, Applicant Barsadi took out a sword from his back and assaulted him on his hand with a sword due to which blood began to ooze out from his hand. Rajan Dewar intervened and Dheeraj Dewar went to the house of Bajirao to inform about the incident. On returning to the spot, Dheeraj Dewar came to know that Dulla had taken Bajirao to the hospital, therefore, he also went to the hospital, where he lodged Dehatinalishi (Ex.P-1). On the basis of the Dehatinalishi, later on, First Information Report (Ex.P-9) was registered by Police Station Mahasamund against applicants Barsadi and Mast Ram for offence punishable under section 324/34 IPC. Complainant Bajirao was medically examined. Dr. Girdharilal Chandrakar (PW-7) examined complainant Bajirao and gave his report (Ex.P-4) in which he found one incised wound in the size of 10X5cmsXbone deep near thumb of left hand in the front portion and he also found that the blood vein was cut and there was sever bleeding. He had advised for x-ray for left hand. He opined that the injuries were grievous in nature. X-ray report is Ex.P-5. On 31.08.2000 the Police seized blood stained full-pant and shirt of complainant Bajirao vide Ex.P-3 and on 04.09.2000 seized a sword from applicant Barsadi vide Ex.P-2. This sword was sent to Dr. Girdharilal Chandrakar (PW-7) vide Ex.P-6(A) for examination, who, after examination of the same, gave his report Ex.P-6. Statements of witnesses were recorded.