DEVNATH SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 30.11.2012 passed by the Second Additional Sessions Judge, Manendragarh, District Koria, Chhattisgarh in ST No.66/2011 convicting the accused/appellant under Section 307 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo RI for 10 years with fine of Rs.1,000/-, in default of payment of fine further RI for 4 months.

(2.) The prosecution case, in brief, is this that on 30.3.2011 at about 5.00 am in the morning the appellant assaulted the complainant Sukhmaniya Bai PW-6 with a farsi (sacrificial axe) and caused injury on her chest. After assaulting the complainant, he fled from the spot. On the same day, FIR was lodged at the instance of victim based on which the investigation had commenced and after completion of investigation, charge-sheet was filed before the concerned Court.

(3.) The charge under Section 307 of IPC was framed against the appellant which was denied by him and he sought trial. Statement of appellant under Section 313 of CrPC has been recorded in which he denied all the incriminating evidence available against him, pleaded innocence and false implication. No defence witness was examined. After completion of trial, impugned judgment has been passed in which the appellant stands convicted and sentenced as aforesaid.