AMRIT RAO Vs. STATE OF CHHATTISGARH, THROUGH

JUDGEMENT

(1.) The applicant would challenge the conviction and sentence concurrently rendered by the trial Court and the Appellate Court as well convicting him for committing offence under Sections 294 and 326 of IPC and under Section 145 of the Railways Act, 1989 (henceforth 'the Act, 1989').

(2.) The incident occurred at about 8 P.M. on 23.10.2002 when victim Rajesh Kumar Singh, resident of Quarter No.556/6, Zone-I, BMY Colony, had moved out of his house for bringing milk. The accused, who resides opposite to the quarter of the victim, was hurling abuses of his own in an inebriated condition. He asked the victim to move inside his house but again started hurling abuses; went inside his house and came out with an iron rod and attacked the victim causing injuries over his right wrist (as stated in the FIR). The informant chased the accused, thereafter the applicant ran away from the place of occurrence.

(3.) The victim himself went to the hospital, where one Dr. C.K. Das referred him to the GRP vide Ex-P-10 mentioning that he has suffered injury over his right wrist. Dehatinalishi (Ex-P-2) was taken down at 21:30 hours and the victim was sent for medical examination, which was conducted by Dr. C.K. Das, who submitted his report vide Ex-P-6 finding injuries over left wrist, swelling plus deformity; lacerated wound over dorsal aspect of left hand in 2" inch above wrist joint - wound length 1" inch with bleeding. The nature of injury was kept reserved to be confirmed after X-ray. It is mentioned in this document that weapon is sharp cutting type. The patient was admitted in the Ward Railway Hospital, BMY after wounds dressing. His radiological examination was conducted by PW-6 Dr. Purushottam Khapre, who submitted his report vide Ex-P-11 finding commuted fracture over right radius shaft lower 1/3rd. The victim was thereafter referred for treatment to the Railway Hospital, Bilaspur where he was admitted on 31.10.2002 vide Ex-P-12 mentioning that he had suffered commuted fracture over right radius shaft lower 1/3rd.