VIJAY KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these two appeals arise out of the common judgment of conviction and order of sentence dated 03.10.2002 passed by the Additional Sessions Judge, Jashpur (C.G.) in S.T. No.234/2001 convicting the accused/appellants as under, they are being disposed of by this common judgment.

(2.) As per the prosecution case, on 10.03.2001 at about 01.00 PM, on account of old land dispute, six accused persons including the appellants caused injuries to Dewal Singh (PW/1), Tij Kunwar (PW/2) and Sanjay Kumar (PW/3) by club, rod and axe. On the same day at 05.00 pm, FIR (Ex.P/1) was lodged by Dewal Singh (PW/1) against six accused persons under Sections 341, 147, 148, 307 read with section 149 and 323 read with Section 149 of IPC. Injured Dewal Singh (PW/1) was medically examined by Dr. P. Suthar (PW/5) vide Ex.P/17 and found following injuries:-

(3.) As per X-ray report (Ex.P/22) of PW/1, fracture of third finger of left hand, right front parietal bone and right wrist joint were noticed, whereas no bony injury has been found upon PW/2 and PW/3. According to Dr. P. Suthar (PW/5), PW/1 has remained in hospital for about 21 days. After filing of the charge-sheet, the trial Court framed the charges against the accused/appellants under Sections 341, 147, 148, 307/149, 323/149 and 324/149 of IPC.