LAWS(CHH)-2018-9-124

CHOTTU @ RETESH Vs. STATE OF CHHATTISGARH

Decided On September 25, 2018
Chottu @ Retesh Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 24-4-2001 passed by Additional Sessions Judge, Korba in ST No. 167/1999 whereby and whereunder he convicted appellant u/s 307 of the Indian Penal Code (hereafter called as 'IPC') and sentenced him to undergo RI for 5 years and fine Rs. 5,000/-, in default of payment of fine, to further undergo SI for 1 year.

(2.) In brief the prosecution story is that on 16-2-1999 at about 10 am at TP Nagar, Korba, appellant and co-accused caused the injury on the abdomen of complainant Sanjay Kumar Baksel by Gupti on account of intervention by the complainant in an earlier incident. After completion of the investigation a charge-sheet was filed against the appellant and said co-accused. Trial Court framed charges against the appellant under Section 307, IPC and against said co-accused under Section 307/34, IPC. After conclusion of the trial, Trial Court convicted and sentenced the appellant as aforesaid and acquitted the said co-accused from the offence punishable under Section 307, IPC.

(3.) Being aggrieved, the appellant has preferred this Criminal appeal.