VINOD KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 13.02.2009 passed by Additional Sessions Judge, Jashpurnagar, District- Jashpur (C.G.) in Session Trial No. 74/2008, wherein the said court convicted both the appellants for commission of offence under Section 324/34 of IPC and Sections 25 & 27 of Indian Arms Act, 1959 (for short "the Act, 1959") and sentenced to R.I. for 1 year and fine of Rs. 500/-, R.I. for 1 year and R.I. for 1 year respectively each with further default stipulations. All the sentences are run concurrently.

(2.) The appellants were charge-sheeted for causing injuries on the body of Sohanand Sai, Dhanmati Bai & Navin Kumar Sai. As per version of Navin Kumar Sai (PW-4), Sagan Sai (PW-5), Sohanand Sai (PW-6), Dhanmati (PW-7) and Ratan (PW-8), appellant No. 1- Vinod Kumar was having sword with him and he assaulted Sohanand Sai by sword, while appellant No. 2- Manbadhani was having crowbar with her and she assaulted Dhanmati Bai with crowbar. Version of all the witnesses were subjected to searching cross-examination, but nothing could be elicited in favour of the defence. Version of these witnesses is supported by FIR (Ex.-P/15) which is lodged next date of the incident in which both the appellants are named as culprit and their name is mentioned in FIR.

(3.) Again, their version is supported by version of Dr. S. Tirkey (PW-1) who examined Sohanand Sai on 23.01.2008 at Community Health Centre, Kansabel and noticed following injuries:-