SAWANT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant is an appeal against the judgment dated 28.11.2001 passed in Sessions Trial No.333 of 1999 by the 2 nd Additional Sessions Judge (FTC), Bemetara convicting and sentencing the accused/Appellant as under: Conviction Sentence Under Section 307 of the Rigorous Imprisonment for 4 Indian Penal Code years and fine of Rs.3,000/- with default stipulation

(2.) Facts of the case, in brief, are that on 4.5.1999 in the midnight at about 12 O'clock, Sunhar (PW1) lodged a named First Information Report (Ex.P14) against the Appellant alleging that due to a previous enmity regarding a land, on 3.5.1999 at about 10:30 p.m., when he was sleeping near the pump-house, the Appellant, who was his brother, came with a Tangiya and assaulted him due to which he sustained grievous injuries near his eyes. Sunhar (PW1) was medically examined by Dr. P.K. Bajpai (PW10) immediately thereafter. His report is Ex.P12 in which he found incised wound measuring 6x3x4" with right maxilla bone cut down with all the structure and muscles passing and lower eyelids also cut down extending from upper part of right side of nose to upper part of ear, bleeding present. He opined that the injury was caused by a sharp cutting object and if immediate treatment had not been given to the injured, his death would have been possible. During investigation, on the basis of memorandum statement (Ex.P5) of the Appellant, a Tangiya was seized from him vide Ex.P6. The said Tangiya was examined by Dr. P.K. Bajpai (PW10), who, vide his report (Ex.P13), opined that the injury suffered by the injured could be caused by the said Tangiya. Vide Ex.P8, plain and blood stained soil, two slippers, one torch, one blanket spread over a cot and one kathari (a bedding) were seized. All these articles were stained with blood. All the seized articles were sent to the Forensic Science Laboratory for chemical examination. FSL Report is Ex.P10 which states that blood stains were present on all the articles except the plain soil. Statements of witnesses under Section 161 of the Code of Criminal Procedure were recorded. On completion of the investigation, a charge-sheet was filed against the Appellant for offence punishable under Section 307 of the Indian Penal Code. Charge was framed against him under Section 307 of the Indian Penal Code.

(3.) In support of its case, the prosecution examined as many as 11 witnesses. Statement of the Appellant was recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt. 1 witness has been examined in his defence.