CHOVARAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These appeals arise from a judgment dated 31st July, 2001 passed by First Additional Sessions Judge, Mahasamund (C.G.), in sessions trial No. 238/1996, wherein, the said Court convicted all the appellants for charge under Sections 323 read with Section 34 of Indian Penal Code, 1860 and sentenced to undergo R.I. for 1 year and fine of Rs. 1000/- with default stipulations.

(2.) In the present case, name of victim is Nehru Lal (PW-4). It is alleged by the prosecution that on 20th August, 1995 at about 1 O' clock in village Banpachri all the appellants assaulted the victim, prior to the incident the appellant Chova Ram and Santosh was transporting the wood from forest in a tractor for which valid certificate was not found from their possession that is why tractor in which wood was transported was seized and was taken to the Forest Office by victim Nehru Lal (PW- 4). Due to this incident when Nehru Lal (PW-4) was going on his motorcycle with his son Firendra (PW-5) to the hospital, in the mid way all the appellants stopped him and caused injury by means of club. The matter was reported and investigated, appellants were charge-sheeted and convicted under above mentioned Sections.

(3.) Learned counsel on behalf of appellant submits as under -