JITENDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 23.04.2002 passed by II Additional Sessions Judge, Bilaspur in Sessions Trial No.57/2001 convicting the accused/appellants under Sections 341, 323 IPC & sentencing them to undergo R.I. for one month with fine of Rs. 500/- and R.I. for one year with fine of Rs. 1000/- plus default stipulation respectively.

(2.) As per the prosecution case, on 31.10.2000 FIR (Ex.P/1) was lodged by victim Umashankar Vastrakar (PW/1) alleging in it that on the date of incident at about 100 in the noon, when he was returning on his bicycle after attending computer class, the accused/appellants apprehended him near village Sakri and on account of old dispute they caused club injuries to him. Based on this FIR (Ex.P/1), offence under Sections 341, 323 and 506-B of IPC was registered against the accused/appellants. On the same day, victim was medically examined by Dr. B.D. Sonwani (PW/3), who gave his report (Ex.P/3) noticing following injuries :-

(3.) After filing of the charge sheet, the trial Court framed the charges against accused/appellants under Sections 341, 307 and 506 Part-I of IPC.