LAWS(CHH)-2018-9-32

SHRAVAN KUMAR SHARMA SON OF PRABHUNATH SHARMA Vs. STATE OF CHHATTISGARH THROUGH DISTRICT MAGISTRATE, DURG

Decided On September 08, 2018
Shravan Kumar Sharma Son Of Prabhunath Sharma Appellant
V/S
State Of Chhattisgarh Through District Magistrate, Durg Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.07.2015 passed by Additional Sessions Judge, Durg in Sessions Trial No. 105/2014 convicting the accused/appellant under Section 307 (twice) and 325 IPC and sentencing him to undergo rigorous imprisonment for seven years with fine of Rs. 100/- (twice) u/s 307 and rigorous imprisonment for three years with fine of Rs. 100/- u/s 325 IPC, plus default stipulations.

(2.) Facts of the case in brief are that on 01.12013 the accused/appellant caused knife injuries to Shrawan Kumar Deshlahre (PW-2), Prem Prakash (PW-4) and Ved Prakash (PW-7). FIR (Ex. P-19) was lodged by Godawari (PW-1) the wife of PW-2 based on which offence under Sections 294, 506-II and 323 IPC. Three injured witnesses were medically examined by Dr. R.K. Naik (PW-9) who gave reports Ex. P-10 regarding PW-2, Ex. P-12 regarding PW-4 and Ex. P-11 regarding PW-7. The Court below framed the charge against the accused/appellant under Sections 307, 325 and 506-II IPC.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 14 witnesses in support of its case. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.