GOVERDHAN CHERWA Vs. STATE OF CHHATTISGARH THROUGH POLICE STATION BHATGAON, DISTT. SURGUJA CHHATTISGARH

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction and order of sentence dated 29.01.2010 passed by Second Additional Sessions Judge (FTC), Surajpur, distt. Surguja (CG) in Session Case No.436/2009, wherein the said Court convicted the appellant for commission of offence under Section 452, 325 and 323 of the Indian Penal Code for causing voluntarily grievous hurt to one Somari Bai and also for causing voluntarily simple hurt to one Mukhdev on 30.11.2008 at 4.30 am at village Kevtali Mahadeopara and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 100/- RI for six months and to pay fine of Rs. 100/- RI for for three months respectively with default stipulations.

(2.) As per the case of the prosecution, victim Somari Bai was sleeping in her house on 30.11.2008 at about 4.30 and at the time the appellant entered into her house, assaulted her by club (bahenga). On hearing her cries, her husband Mukhdev intervened into the matter and the appellant also assaulted him by said club. The matter was reported and investigated. After completion of the trial, the trial Court convicted and and sentenced the appellant as mentioned above.

(3.) To substantiate the charges the prosecution has examined as many as 8 witnesses. Section 452 of the IPC is related to preparation for causing hurt or assault. In the present case, no one stated before the trial Court that before the commission of offence, the appellant made preparation for causing hurt. The evidence in totality is regarding causing injury to Somari Bai and Mukhdev but the same is not regarding to preparation for the said offence. Preparation is state when any one had intention to commit the offence. After preparation an attempt is made and if one succeeds in his/her attempt the offence is completed. In the present case, there is no evidence that the appellant collected weapon or article for committing the offence. In absence of any effort for preparation offence under Section 452 IPC is not established in the present case.