LAXMAN @ JATI YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Present appeal is directed against the judgment dated 12.10.2004 passed by the 3rd Additional Sessions (FTC) Janjgir in Sessions Trial No.84/2004 convicting the accused/appellant for the offence punishable under Section 307 of the Indian Penal Code (for short 'IPC') and sentencing him to undergo RI for life and fine of Rs.1,000/-, in default to undergo additional RI for 3 months.

(2.) Case of the prosecution, in brief, is that on 26.12.2003 injured Hariom (PW-10) lodged a report alleging in it that on account of previous land dispute, on that day at about 2.00 p.m. the accused/appellant caused axe injury on his head as a result of which he started bleeding. The incident was witnessed by Shiv (PW-1) and Santram (PW-2). Based on this, FIR (Ex.P-10) for commission of offence under Section 307 IPC was registered against the accused/appellant. Injured was first treated at Janjgir by the doctor (PW-2) vide medical report of Ex.P-11. Subsequently, the injured was shifted to CIMS, Bilaspur where he was treated by the doctor (PW-13) who noticed fracture in the skull and clotted blood. Dr. G.S. Kanwar (PW-6) conducted x-ray examination on the body of injured vide Ex.P-8 and noticed one fracture in the right parietal region of skull. Injured was also treated at Chandulal Chandrakar Hospital between 1.1.2004 and 12.1.2004. After completion of investigation, charge sheet under Section 307 IPC was filed against the accused/appellant and accordingly the charge was framed by the trial Court against him.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined 19 witnesses in support of its case. Statement of accused/appellant was also recorded under Section 313 Cr.P.C. in which he denied the charge levelled against him and pleaded his false implication in the case.