FAGU RAM Vs. STATE OF CHHATTISGARH THROUGH DM

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 22.11.2008 passed by Additional Sessions Judge Ambikapur, Sarguja in Sessions Trial No. 86/2008 convicting the accused/appellant under Sections 307 and 323 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 2,000/- u/s 307 and RI for one year with fine of Rs. 100/- u/s 323 IPC, plus default stipulations.

(2.) As per the case of prosecution, on 10.11.2007 at 8.45 PM FIR Ex. P-4 was lodged by Kaleshewar (PW-3) alleging that on that day at about 5 PM one Kisanu (PW-2) the son of injured Dukharan (PW1) was singing a song in front of the house of the accused/appellant. It is said that after the accused/appellant saw this, he asked Kisanu to stop singing and also started beating him. This act of the accused/appellant was objected to by the injured and as he tried to separate the two, accused/appellant went to his house, took out an axe and caused injury on his neck saying as to who he was to intervene. The injury started bleeding. This incident is said to have been witnessed by Chandrika Bai, Tubko Bai, Shivdhan and Chamru. It is alleged that after causing injury, the accused/appellant got away threaning the injured of being done away with. Based on this FIR, offences under Section 294, 323 and 506-B IPC were registered against the accused/appellant. In the said incident Kisanu (PW-2) and Somaru (PW-5) are also stated to have suffered injuries. Injured Dukharan (PW-1) was first medically examined by Dr. S.N. Painkra (PW-9) who gave his report Ex. P-14 who looking to his condition referred him to Ambikapur where he remained admitted from 10.11.2007 to 01.12.2007 which is clear from the Bed Head Ticket Ex. P-7. After investigation, charge-sheet was filed by the police under Sections 294, 323, 506-B and 307 IPC followed by framing of charge by the Court below accordingly.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 09 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.