BUGUL @ MEDHENDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the aforesaid appeals arise out of same incident, they are heard analogously and are being disposed of by this common judgment.

(2.) Both the appeals are preferred under Section 374 (2) of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 4-1-2010 passed by the 2nd Additional Sessions Judge, (FTC), Janjgir in Session Trial No. 175 of 2009 wherein the said Court convicted the appellants for commission of offence under Sections 324 read with Section 34 of the IPC and sentenced them to undergo RI for one year and fine of Rs. 100/- and convicted under Section 323 read with Section 34 of the IPC and sentenced them to undergo RI for six months each with default stipulations.

(3.) As per prosecution case, on 22-2-2008 Ravindra Singh had gone to village Jagmahant to attend the marriage of one Yashpal Singh along with Kavindra Singh and Yogendra Singh. Ravindra Singh, Kavindra Singh and Yogendra Singh were standing near the road at about 11.00 pm in the night and at the same time some persons of the marriage party started pushing them to which they objected and thereafter appellant Bugul started to utter filthy abuses and at the same time appellants assaulted all the three persons with club, belt and fanta and Yogendra Singh sustained grievous hurt and became unconscious and he was immediately shifted to District Hospital, Janjgir for medical treatment. The matter was reported and investigated and after completion of trial, the trial Court convicted and sentenced the appellants as mentioned above.