RAJESH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 13-3-2002 passed by the Additional Sessions Judge, raipur in Sessions Trial No. 470/2001 convicting the accused/appellant for the offence punishable under Sections 452 and 307 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for three years and pay fine of Rs. 1000, and rigorous imprisonment for seven years and pay fine of Rs. 3000 respectively, with default stipulations.

(2.) THE judgment is challenged on the ground that the trial Court has committed an illegality in convicting and sentencing the accused/appellant as mentioned above without there being any cogent and reliable evidence available on record.

(3.) CASE of the prosecution in brief is that on 14-10-2001 between 9 and 10 p. m. when injured Jaswant Yadav (PW-4) went for having tea, on the way accused/appellant met him and asked for chillum. On refusal by the injured, the accused/appellant started abusing him and then injured went home. Thereafter, accused/appellant went to the house of injured along with co-accused Kirti and asked him to come out of the house. When he did not come, accused/appellant went inside the house of the injured and assaulted him with knife over his abdomen and other parts of the body. Vimla Bai (PW-5)who is the wife of injured, took him to the police station and lodged Dehati Nalisi Ex. P-8 and from there he was sent to Medical college Hospital, Raipur for medical examination. He was examined by Dr. Santosh kumar Bhandari (PW-1) on the same day who found 12 incised wounds over different parts of his body out of which injury No. 3 was dangerous in nature. Accused/ appellant was taken into custody and he made disclosure statement relating to knife Ex. P-3 which was later recovered at his instance from under a stone near his house vide Ex. P-4. The knife was examined by the doctor vide Ex. P2 and according to him the injuries sustained by the injured could be caused by the said knife. Blood stained vest (Baniyan) was seized vide Ex. P-5. Blood stained soil and plain soil was seized vide ex. P-6. One Bajaj Super scooter was seized vide Ex. P-7. Injured was admitted to the hospital where the perforated stab wound was repaired. Based on Dehati Nalisi FIR was registered vide Ex. P-13. Accused/ appellant was arrested on 15-10-2001 Vide Ex. P-15.