GHANSHYAM Vs. STATE OF CHHATTISGARH THROUGH DISTRICT MAGISTRATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 04.10.2002 passed by Additional Sessions Judge, Sakti, District Bilaspur in Sessions Trial No. 38/2002 convicting the accused/appellants under Sections 307 and 323/34 IPC and sentencing them to undergo rigorous imprisonment for five years with fine of Rs. 500/- u/s 307 and rigorous imprisonment for three months u/s 323 IPC, plus default stipulation.

(2.) Facts of the case in brief are that on 31.07.2001 on account of some land dispute between accused Khokram, complainant (PW-1) and his brother Keshav Prasad (PW-2), the accused/appellants abused PW-2 and when PW-2 asked accused Khokram not to abuse, he assaulted him with spear and others with club. Accused/appellants assaulted Motichand (PW-1) also. Thereafter, when Phoolbai (PW-3), Rammu (PW4 and Chandravati (PW-5) came to the rescue of PW-1 and PW-2, accused/appellants did not spare them and assaulted them too. Subsequently, the matter was reported to the police vide FIR (Ex.P-1) lodged by Motichand (PW-1) based on which offences under Sections 147, 148, 149, 294, 307 and 323 IPC were registered against the five accused persons. All the injured persons being PW-1 to PW-5 were sent for medical examination and then after completion of investigation challan was filed by the police followed by framing of charge by the Court below against all the accused persons u/s 148, 307/149, 294 and 323 IPC.

(3.) So as to hold the accused persons guilty, prosecution has examined 13 witnesses in support of its case. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.