DHANSAI Vs. STATE OF MADHYA PRADESH (NOW CHHATTISGARH)

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentences dated 06.04.1999 passed by learned Second Additional Sessions Judge, Bilaspur (C.G.) in Sessions Trial No. 253/1998, whereby, the appellants stands convicted and sentenced as under:-

(2.) As per prosecution case, on 17.03.1998 in the morning 8.00 AM First Information Report (FIR-Ex.-P/5) was lodged by Hulas Ram PW-4, husband of the victim/injured (PW-1) - Pramila Bai, against the accused/appellants under Sections 341, 294, 506-B and 323 of IPC. He (PW-4) stated in FIR that on the date of incident at 8.00 AM, in his home, the accused/appellants- Dhansai and Hiralal both are forcefully taken her wife/victim (PW-1) from front of his home near bamoori (babul) tree and both accused assaulted her wife by hands, fists and by stone. Victim/injured - Pramila Bai sustained injuries on her face and head. Usha Kumari (PW-5), Daya Ram (PW-6) and Fatte Lal (PW-7) are the eye-witnesses of the incident. Dr. A.K. Jha (PW-11) examined the victim/PW-1, his report is Ex.-P/10A and found following injuries on the fact of the victim:-

(3.) After completion of investigation, the charge-sheet was filed against the accused/appellants under Sections 506-B, 307 and 325 IPC and while framing the charges, the trial Judge framed the charge against the accused/appellant- Dhansai under Section 307 and accused/appellant- Hiralal under Section 307 read with Section 34 IPC.