KUNWAR SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant revision has been preferred against the judgment dated 20.4.2017 passed by the 2 nd Additional Sessions Judge, Ambikapur in Criminal Appeal No.11 of 2017 affirming the judgment dated 20.1.2017 passed by the Chief Judicial Magistrate, Ambikapur in Criminal Case No.1154 of 2010 convicting and sentencing the Applicant as under:

(2.) Case of the prosecution, in brief, is that Complainant (PW1) lodged a First Information Report (Ex.P1) in Police Station Lakhanpur on 31.7.2010 alleging that on 30.7.2010 at about 7:00 p.m., when she was returning from the house of Nirmal, the Applicant/accused with an intent to insult her caught her hand and dragged her. When she called her children, the Applicant, asking her why did she call her children, assaulted her with a peedha (a very small tabouret made of wood for sitting). She sustained injury on the head. The matter was investigated by the police. On completion of the investigation, a charge-sheet was filed against the Applicant for offence punishable under Sections 354 and 323 of the Indian Penal Code. Charges were framed against him under Sections 354 and 323 of the Indian Penal Code.

(3.) In support of its case, the prosecution examined as many as 6 witnesses. Statement of the Applicant under Section 313 of the Code of Criminal Procedure was recorded in which he denied the guilt. No witness has been examined in his defence.