MUKUND RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present revision arises out of the impugned judgment of conviction and order of sentence dated 25.11.2009 passed by the Third Additional Sessions Judge, Bastar, Jagdalpur, C.G. in Cr. Appeal No. 25/2009 whereby the learned appellate Court below has confirmed the conviction and sentence of the accused/applicants as awarded by the learned Judicial Magistrate First Class, Bastar at Jagdalpur, vide its judgment dated 31.03.2009 in Cr. Case No. 330/2009 for the offence under Section 325/34 of the IPC and sentenced them to undergo RI for six months and to pay fine of Rs. 500/- to each, plus default stipulations.

(2.) Brief facts of the case are that, the complainant Nandlal lodged a report that on 01.10.99, he alongwith one Raithu was retruning to his house from village Badanji, on the way Mukund(A-1) focused the torch upon him, on which, some altercation took place between them. Thereafter, Mukund(A-1) and Nirmal (A-2) assaulted him by rod and knife in which he sustained injuries. On this report, an offence under Section 341, 506-B and 325/34 of the IPC was registered against the applicants. After filing of the charge sheet, charges were framed against the accused/applicants under Sections 341, 506-B and 325/34 of the IPC.

(3.) So as to prove the guilt of the accused/applicants, the prosecution has examined 7 witnesses. Statements of the accused/applicants were also recorded under Section 313 of the Cr. P.C. in which they denied the charges leveled against them and pleaded innocence and false implication in the case.