HARISH MARKANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence passed by learned Third Additional Sessions Judge, Durg in Sessions Case No.154/11 on 02.01.2013, whereby the appellant has been convicted under Sections 452 & 307 Penal Code and sentenced to undergo R.I. for 1 year & R.I. for 10 years, respectively and to pay fine of Rs.500.00, on both counts with usual default stipulation.

(2.) As per the prosecution case, on 20.03.2011, the complainant S.K. Hakim (PW-1) had lodged a report that while he was doing job of preparing a cooler in other room his daughter aged about 2 months was sleeping in another room and his wife Malka Begum (PW-2) had went out to throw the water used to wipe the floor, at that time his nephew namely Sheikh Aman came to him and informed that the blood is coming out from the private part of his daughter. Listening the same he went there immediately and saw that the injury was caused on private part of child of two months and near him the present appellant Harish Markandey, who was dead drunk was standing. Immediately the girl was sent for treatment to the hospital and report was lodged and the case was registered. The injured baby Jeenat was treated and clothes which the baby was wearing at that time, which were stained with blood and one Topaz Blade used in the offence were seized. Subsequently, the statements of the witnesses were recorded and the appellant was arrested and after taking the queries from the doctor and entire investigation, the charge-sheet was filed.

(3.) During the course of trial the appellant abjured the guilt and claimed to be tried.