SURESH Vs. STATE OF CHHATTISGTARH

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 30. 12. 2005 delivered in Sessions Case no. 142/2005 by the 1st Additional Sessions Judge, mahasamund (C. G.) whereby while acquitting accused vishal and Ranjit, the appellant -Suresh was convicted under Section 398 read with Section 34 and 307 of the i. P. C. and sentenced to rigorous imprisonment for 7 years on both counts and also to pay a fine of rs. 500/- under Section 398 read with Section 34 I. P. C. and Rs. 1000/- under Section 307 I. P. C. and in default to undergo additional rigorous imprisonment for one month and two months respectively.

(2.) PROSECUTION case in brief is that on 12. 09. 2004 at about 1. 00 a. M. Constable Komanlal Chandrakar P. W. 1 along with sainik Manikram P. W. 2 while on patrolling duty reached the back side of the Bilaspur-Raipur kshetriya Gramina Bank, Patewa (henceforth `the Bank' ). Komanlal Chandrakar saw that two persons were holding sabbal and sitting near the wall of the Bank and three persons were hiding nearby. Constable Komanlal chandrakar P. W. 1 immediately raised alarm and tried to apprehend the persons sitting near the wall. The appellant attacked Constable Komanlal Chandrakar P. W. 1 and assaulted him with the sabbal on the head. By this time, sainik Manikram P. W. 2 also reached there and made an effort to apprehend the appellant. The appellant dealt a blow with the sabbal on the head of sainik manikram. The other person sitting with the appellant near the wall of the Bank and those hiding in the field fled. Both Constable Komanlal and Sainik Manikram had a fight with the appellant and finally succeeded in apprehending the appellant. On hearing their shouts, punitram P. W. 3, Babla P. W. 14 and Gunit Sahu also arrived there and saw Constable Komanlal Chandrakar and sainik Manikram holding the appellant. Constable komanlal Chandrakar and the witnesses saw that one gas-cutter, gas cylinder and other equipment were kept at some distance from the Bank. The appellant was brought to the Police Chowki, Tumgaon and F. I. R. Ex. P. 1 was lodged by the Constable Komanlal Chandrakar. The appellant divulged his name as Ram Prasad.

(3.) CONSTABLE Komanlal Chandrakar and sainik Manikram were sent for medical examination on 12. 09. 2004 at 3. 00 p. m. to Primary Health Center, Tumgaon. Dr. L. R. Chandrakar P. W. 12 found a lacerated wound 2x1x1 cm. on right side of forehead and another lacerated wound 1x1x1 cm. on left frontal position of scalp on Komanlal chandrakar P. W. 1 and one lacerated wound 3x1x1 cm. on right frontal position of scalp of sainik Manikram and opined that the injuries found on Komanlal Chandrakar and Manikram were simple in nature and could have been caused within 24 hours by hard and blunt object. The weapon of offence i. e. sabbal was not sent for examination to Doctor L. R. Chandrakar at any time during investigation. The appellant was also not sent for medical examination during investigation.