DURGA PRASAD GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 04-12-2004 passed by First Additional Sessions Judge, Rajnandgaon in S.T. No. 91/1998, convicting the appellant No.2 for offence punishable under Section 323 of the IPC and sentencing him to undergo RI for one year and to pay fine of Rs.500/-. Further, convicting both the appellants under Section 324 of the IPC and sentencing them to undergo RI for two years and to pay fine of Rs.500/- each with default stipulation.

(2.) The prosecution case in brief, is that on the night of 22-02-1998 at about 11-00 p.m., Laxmi Narayan Gupta (PW-6) was present near Nandai Kunwa Chowk and the appellants with Munna (deceased) were also present near the Pan Shop. Seeing the complainant/appellant, Durga Prasad and Munna came towards him armed with swords and Ramesh was carrying a revolver. All of sudden, appellants and Munna started assaulting the complainant and others. Appellant Durga Prasad assaulted with sword causing injury on finger of right hand of Laxmi Narayan. Co- accused Munna using a sword assaulted Mukesh (PW-12) and appellant Ramesh causing injuries to them. Mohanlal (PW-13) assaulted by appellant Ramesh and Durga Prasad with swords causing injuries on his body. Appellant Ramesh tried to fire from his revolver which could not fire. Laxmi Narayan lodged un-numbered FIR (Ex. P-15), on the basis of which, Ex. P-20 was recorded in the Police Station Basantpur registering offence under Section 307 IPC against the appellants and deceased Munna .

(3.) Investigating the offence, spot map (Ex. P-1) was prepared by Revenue Officer. House of appellant Ramesh was searched for recovery of revolver vide Ex. P-2 but the result was nil. Similarly, search of appellant Ramesh vide Ex. P-3 also resulted in negative. Laxmi Narayan (PW-6) was examined by Dr. H.K. Joshi vide Ex. P-3-A and simple injuries were found on his body. Mukesh Kumar (PW-12) was examined by the same doctor vide Ex. P-5-A, found to have suffered one simple injury. Mohanlal Gupta (PW-13) was examined vide Ex. P-6-A and simple injuries were "clothes of Mohanlal were seized vide Ex. P-16. Spot map (Ex. P-22) was also prepared by the investigation officer. The seized articles were sent to FSL examination and report was obtained vide Ex. P-23. Report of Serologist Ex. P-24 was also obtained. On completion of investigation, appellants and co-accused were charge-sheeted for trial under offence of Section 307/34 of IPC and 25/27 of the Arms Act. Co-accused Munna @ Subhash expired on 27-02-1998.