GOVIND RAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 5-1-2010 passed by the Sessions Judge, Koria, Baikunthpur (CG) in Sessions Trial No. 15 of 2007 wherein the said Court convicted the appellant for the commission of offence under Section 324 of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs. 500- with default stipulations.

(2.) As per case of prosecution, in the midnight of 27-9-2006 at about 45 a.m., at Jilmili Colliery, Pandopara prayer of Godess Durga was going on where the victim N.R. Holkar was sitting. At the same time appellant reached there and after using abusive language attacked him on his head by chair as a result of which the victim fell unconscious. The matter was reported and investigated. After completion of the trial, the trial Court convicted and sentenced the appellant as mentioned above.

(3.) Learned counsel for the appellant would submit as under: