AKRAM KHAN Vs. STATE OF C. G.

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 10.8.2002 passed by the 3rd Additional Sessions Judge, Raipur in Sessions Trial No.331 of 2001, whereby the Appellant has been convicted and sentenced as under: Conviction Sentence Under Section 307 of the Indian Penal Code Rigorous Imprisonment for 5 years and fine of Rs.1,000/- with default stipulation

(2.) After solemnisation of marriage between the Appellant and Complainant Lata Manav, they got divorce. Thereafter, she started residing at her maternal house. It is alleged that on 9.6.2001 at about 8:30 p.m., she, along with her mother, brother and some other persons, was returning after getting treatment from Dr. Pandey. At that time, the Appellant came to her and told her that he wanted to talk to her. When she denied, he assaulted her with a knife. She sustained multiple injuries. She was taken to hospital. Police recorded First Information Report on zero (Ex.P13) in the hospital. Numbered FIR (Ex.P14) was registered thereafter in Police Station Tikarapara, District Raipur. On the basis of memorandum (Ex.P11) of Appellant, a knife was seized from him vide Ex.P12. Complainant/Injured Lata Manav was examined by Dr. S. Bose (PW7). His report is Ex.P7. Statements of witnesses were recorded under Section 161 of the Cr.P.C. On completion of the investigation, a charge-sheet was filed against the Appellant under Section 307 of the I.P.C. Charge was framed against him under Section 307 of the I.P.C.

(3.) To bring home the offence against the Appellant, the prosecution examined as many as 13 witnesses. The Appellant was also examined under Section 313 of the Code of Criminal Procedure in which he denied the guilt and pleaded innocence. No witness has been examined in his defence.