SITA RAM Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 16.1.2007 passed by Additional Sessions Judge Rajnandgaon in Sessions Trial No. 136/2005 convicting the Appellant for the offence punishable under Section 307 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 5000, in default of payment of fine to further undergo RI for six months.

(2.) FACTS of the case in brief are that FIR (Ex. P-25) was registered by (PW-20) - C.S. Uikey, Assistant Sub Inspector, Police Station Dongargarh, to the effect that on 9.9.2005 at about 9.30 p.m. injured Abdul Kalam (PW-18) was assaulted by four persons namely Sita Ram Sahu, Aaskaran Sahu, Devendra Kumar and Ram Sharan Sahu. In the FIR it is also alleged that when injured Abdul Katam was standing in the betel shop of one Radhe Shyam, accused Sita Ram assaulted him with knife causing several injuries on his chest.

(3.) AFTER hearing the parties the trial Court has convicted and sentenced the accused/Appellant for the offence punishable under Section 307 of the Indian Penal Code. However, the other accused persons namely Aaskaran Sahu, Devendra Kumar and Ram Sharan Sahu have been acquitted of the charges levelled against them.