KRISHNA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 21.5.2012 passed in Sessions Trial No.163 of 2011 by the First Additional Sessions Judge, Baloda Bazar convicting the accused/Appellant under Sections 307 and 294 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 10 years and pay fine of Rs.300/- and undergo rigorous imprisonment for 3 months and pay fine of Rs.100/-, respectively with default stipulation.

(2.) Case of the prosecution, in brief, is that on 24.4.2011 at about 6:00 a.m. at Village Khamhariya, the accused/Appellant, standing on his roof-top, was abusing Complainant Dayanand and his family members. Complainant Dayanand went in front of the house of the Appellant and asked him to forbid abusing. On this, the Appellant threatened and asked him who was he to forbid him. In the meanwhile, Jageshwaribai, wife of the Complainant asked the Complainant to get back to home. When the Complainant turned to return to his home, the Appellant shouted saying that he will kill the Complainant and with an intention to kill him, hit him with an Axe on the back of the left shoulder due to which his ribs got severely injured. When Khileshwar, son of the Complainant came to save his father, the Appellant beat him with the handle of the same Axe. Thereafter, the Appellant dropped the Axe and fled from there. The injured Complainant was taken to Palari Hospital from where he was referred to Medical College Hospital, Raipur. First Information Report was lodged by Satanand, brother of the Complainant. After investigation, a charge-sheet was filed against the Appellant under Sections 294, 323, 325, 506B and 307 of the Indian Penal Code. The Trial Court framed charges under Sections 294, 506B, 324 and 307 of the Indian Penal Code.

(3.) In order to prove the guilt of the Appellant for the crime in question, the prosecution examined as many as 15 witnesses. Statement of the Appellant was recorded under Section 313 of the Code of Criminal Procedure in which he denied the circumstances appearing against him and pleaded innocence and false implication in the case.