SUNIL @ RAJU DUBEY Vs. STATE OF C.G

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 6-9-2007 delivered by Additional Sessions Judge, Bilaspur in Sessions Trial No. 165/2006 convicting the Appellant/accused for the offence punishable under Section 307 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 7 years and pay fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for 1 month.

(2.) FACTS of the case in brief are that F.I.R. (Ex.P-7) was lodged by injured Ranu Gupta (P.W. 9) on 16-2-2004 alleging in it that on 16-2-2004 the present accused Sunil @ Raju Dubey along with Surendra came to her house and told her that the accused's father is calling her. It is stated that thereafter the complainant Ranu Gupta (P.W. 9) accompanied the Appellant/accused and went to his house. It is further alleged that the complainant stayed in the house of the accused Sunil @ Raju Dubey in between 7 P.M. to 11 P.M. and thereafter she was locked in the room and the acquitted co-accused persons namely Smt. Savitri Dubey, Reena Dubey and Mithlesh Dubey asked her to leave the company of the Appellant/ accused Sunil @ Raju Dubey and thereafter the Appellant/accused assaulted her with the help of a knife resulting 4 injuries on her person.

(3.) HEARD learned Counsel for the parties and perused the material available on record including the impugned judgment with utmost circumspection.