ARJUN SINGH Vs. STATE OF C.G

JUDGEMENT

(1.) THE Appellant in this appeal is calling in question the legality, validity and propriety of the judgment dated 27.9.2006 passed by the Additional Sessions Judge, Bastar (Jagdaipur) in Sessions Trial No. 123/2005 convicting the accused/Appellant under Sections 307 and 324 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years with fine of Rs. 1000, and rigorous imprisonment for two years respectively, with default stipulations.

(2.) BRIEF facts giving rise to this appeal are that on 29.12.2004 at about 5 p.m. injured Kanglu and Sohan along with one Rajararn were returning from the house of one Ramsingh Netam and as soon as they reached near the house of Agnu, accused/Appellant assaulted them with the help of axe. It is alleged that there was some dispute between accused/Appellant and the complainant party over the distribution of a trivial sum of Rs. 100. It is the further case of the prosecution that while injured Sohan was trying to snatch the axe from the accused/Appellant the handle thereof got broken. Thereafter the Appellant went to his house and came back with another axe and assaulted injured persons as a result of which both of them received grievous injuries on various parts of their body. Subsequently, the matter was reported to the police by Ram Singh (P.W. 3) who is the eye witness to the incident and based on that the FIR (Ex.P/1) was registered. Both the injured persons were sent for medical examination to Community Health Centre, Vishrampuri where Dr. G.R. Dhaneliya (P.W. 5) examined them and gave his report Ex. P-8 and P-13 regarding both the injured persons.

(3.) AFTER hearing the parties the trial Court has convicted and sentenced the accused/Appellant as mentioned above. Hence this appeal.