SANDEEP RAI Vs. STATE OF C.G

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 13.11.2007 passed by the Additional Sessions Judge, Pendra Road, District Bilaspur, in Sessions Trial No. 126/2006 convicting the accused/Appellant under Sections 307 and 324 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 200 under Section 307 and to undergo rigorous imprisonment for three years under Section 324 of the Indian Penal Code, with default stipulations.

(2.) CASE of the prosecution in brief is that on 2.10.2005 when the accused/Appellant was cutting a tree standing on the field of the complainant, complainant namely Mangal Rai (P.W. 1) went to the spot along with his wife Rambai (P.W. 2) and asked him not to cut the tree. On refusal of complainant, the accused climbed down the tree, picked up the axe with which tree was being cut and dealt an axe plow on his neck as a result of which bleeding started. Not only this, the accused/applicant also assaulted the wife of the complainant namely Rambai (P.W. 2) on the occipital region of her head. Wound started bleeding profusely; she became unconscious and fell down. She was taken to the hospital where Dr. Sheela Saha (P.W. 12) medically examined her and noticed following injuries vide medical report Ex.P-12:

(3.) AFTER affording due opportunity of hearing to the parties, learned Additional Sessions Judge, has convicted and sentenced the accused/Appellant as mentioned above. Hence this appeal.