STATE OF CHHATTISGARH Vs. SUKALU @ SANTOSH KUMAR CHELAK

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment of conviction and order of sentence dated 24-12-2014 passed by 2nd Additional Sessions Judge, Durg, Sessions Division Durg in Sessions Trial No. 143 of 2013 wherein the said Court acquitted the respondent from the charges punishable under Sections 307 & 323 of IPC, 1860 for committing attempt to murder of one Krishna @ Krishna Kumar Balkishore and for voluntarily causing simple injury to one Santoshi Chelak.

(2.) In the present case, It is alleged by the prosecution that victim Krishna @ Krishna Kumar Balkishore had an affair with the sister of the respondent/accused namely Santoshi which was objected by the respondent. On 8-3-2013 at about 10.00 pm Krishna Kumar Balkishore was sitting with Santoshi Chelak and at the same time, respondent reached there and assaulted the victim by club and stone by saying that even after his objection he is continuing the affair with Santoshi Chelak and also assaulted Santoshi Chelak. The matter was reported to Police Station Utai and after investigation charge sheet was filed against the respondent and after completion of trial, the trial Court acquitted the respondent as mentioned above.

(3.) Learned counsel for the appellant/State submits as under: