ANIL SONI AND OTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 12.3.2010 passed by Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Bastar at Jagdalpur (CG) in Session Trial No.34/2008 wherein the said Court convicted all the appellants for the commission of offence under Section 323 read with Section 34 and 323 read with Section 34 of the Indian Penal Code for causing voluntarily simple hurt to Lakhuram and his wife Somari Bai and sentenced to undergo rigorous imprisonment for six months to each of the appellants.

(2.) As per the prosecution case, on 06.01.2008 at about 1.00 am in the night at village Pandripara, present appellants assaulted complainant Lakhuram and his wife Somari Bai with hands and fists and also with bamboo stick for committing theft of one motor cycle. The matter was initially settled by the Panchayat, but due to failure of compliance of the order of the Panchayat, the matter was reported to Police Station AJAK Jagdalpur and after investigation, the appellants were charged and convicted and sentenced as mentioned above.

(3.) Learned counsel for the appellants submits that no medical expert has been examined to establish that injuries were caused on the body of complainant Lakhuram and Somari Bai, therefore, case under Section 323 is not established. He further submits that statement of the witnesses is not sufficient to bring home the guilt, therefore, finding arrived at by the trial court may be reversed.