BUDU UDIYA YADAV SON OF DUKHU UDIYA Vs. STATE OF CHHATTISGARH THROUGH STATION HOUSE OFFICER, POLICE STATION PATAN, DISTT DURG (CG)

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 25-5-2012 passed by the 3rd Addl. Sessions Judge, Durg in ST No. 64/2009 whereby and whereunder he convicted the appellant for offence punishable under Section 307 of the Indian Penal Code (in brevity 'IPC') and sentenced him to undergo RI for ten years and to pay a fine of Rs. 500/-, in default of payment of fine, to further undergo additional RI for six months.

(2.) In brief, prosecution story is that on 26-1-2009 at about 7.30 am complainant Narottam Bhai was present in his farm house at village Khurmuda. Accused came there and demanded remaining Rs. 2,500/- out of fixed advance amount Rs. 5,000/-. Thereafter the accused caused a blow on his body which hit on back of his head. His nephew Akash Khodiyar lodged the FIR on the very day at 13.05 hours. After completing the investigation a charge sheet under Section 307 of the IPC was filed against the accused. The trial Court framed charge against the accused under section 307, IPC. Accused abjured the charge and faced trial. To bring home the charge, prosecution examined as many as 10 witnesses. Accused did not examine any witness in his defence.

(3.) After conclusion of the trial, the trial Court convicted and sentenced the accused as above. Being aggrieved, the accused preferred this criminal appeal.