(1.) In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 25-9-2002 passed by Third Additional Sessions Judge, Raipur (CG) in ST No. 186/2001 whereby and whereunder he convicted the appellant for offence punishable under Section 324 of the Indian Penal Code (in brevity 'IPC') and sentenced him to undergo RI for 2 years and to pay a fine of Rs. 500/-, in default of payment of fine, to further undergo additional RI for one month.
(2.) In brief the prosecution story is that on 25-1-2001 at about 10 PM complainant Satish Kumar was returning back to his house crossing the pond. At Virbhadra Nagar one unknown person having fair complex caused injury on his right side of chest and right side of abdomen by knife. The other persons who were present there were shouting that Anand Soni had caused the injuries. Complainant reached in his house, narrated the incident to his mother. She admitted him in the hospital. The complainant said that he will identify the miscreant on seeing. ASI S.P. Singh reached in MECAHARA Hospital on the information given by the employees of MECAHARA Hospital and lodged Dehati Nalishi on 25-1-2001. Thereafter he lodged FIR in police station Tikrapara, Raipur on 26-1-2001. After the investigation, a charge sheet was filed against him. The trial Court framed the charge against him under Section 307 of the IPC. After completion of trial, trial Court convicted and sentenced him as aforesaid.
(3.) Shri Adil Minhaj, counsel for the appellant argued that trial Court has not appreciated the evidence in proper perspective. There is no test identification parade conducted by the investigating officer. Mere on the basis of Dock identification which is not corroborated by any other evidence, he cannot be convicted. Thus, the conviction and sentence of him are bad in eyes of law. Hence, he may be acquitted of the aforesaid charge.