LAL SAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) It is undisputed that injured being the sole off-spring of her parents she was residing in her maternal home along with the accused/appellant even after marriage. However, after their marriage the father of the injured was blessed with a son and it is then the dispute leading to the incident surfaced. Allegation against the present applicant is that over a dispute regarding the partition of property of his father-in-law he asked his wife to get separated from him to live elsewhere. As his wife (victim) PW-1 namely Rambai did not listen to the accused, he got infuriated and caused injury on her leg with the help of carpenter's axe.

(2.) Learned trial Court vide judgment dated 18.09.2003 passed in Criminal Case No.570/1993 convicted the accused/applicant under Section 326 IPC imposing the sentence of RI for 2 years with fine of Rs.500/-. Findings recorded by learned Magistrate received affirmation even in appeal vide judgment impugned dated 18.03.2005 passed in Criminal Appeal No.250 of 2003. Hence this revision.

(3.) Counsel for the accused/applicant submits that the judgment impugned being contrary to the evidence of the witnesses is liable to be set aside. On the other hand State counsel supports the judgment impugned.