(1.) This appeal is directed against judgment dated 3-10-2007 passed by Sessions Judge, Janjgir Champa in Sessions Trial No. 169/2006 convicting the appellant for the offence punishable under Section 307 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years and pay fine of Rs. 2060 in default of payment of fine to further undergo rigorous imprisonment for three months.
(2.) Facts of the case in brief are that FIR (Ex. P-1) was lodged on 10-7-2006 by Nepali Rathore (P.W. 1) alleging that on that day at about 10.40 p.m. accused persons assaulted him including one Jitendra alias Pintu and Vikas Rathore alias Lala. It is alleged that on that day one Vakil Singh Rathore alias Bablu (P.W. 3) after being abused by the appellant had taken Jitendra alias Pintu and Vikas Rathore alias Lala near his house. It is also alleged that Vakil Singh Rathore alias Bablu had gone there in connection with some money transaction. It is alleged that as soon as this witness, along with one Jitendra alias Pintu and Vikas Rathore alias Lala reached there, the present appellant and other accused persons started abusing them and when the complainant party protested against such abuses, they took out sword and assaulted them causing injuries on various parts of their body. After completion of investigation charge-sheet was filed against the appellant before competent Court.
(3.) So as to hold the accused/appellant guilty, prosecution has examined as many as 11 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he has denied the charges levelled against him and pleaded his innocence and false implication in the case. However, accused Rajesh and Suresh have been acquitted of the charges levelled against them.