ASHOK SATNAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 22-10-2001 passed by IV Additional Sessions Judge, Durg CG in Sessions Trial No. 367 of 1999 wherein the said Court has convicted the appellant for commission of offence under Section 308 of IPC for attempting to commit culpable homicide of one Shivaji and his wife namely Baikunthi Devi on 19-9-1999 at about 6. 45 pm at Sector7, Bhilainagar and sentenced him to undergo rigorous imprisonment for 2 years and fine of Rs. 1000/-, with default stipulations .

(2.) As per prosecution case, on the date of incident appellant was using tape-recorder in full sound in the Lord Ganesh Pandal which caused disturbance to the people of the locality. The complainant objected to that and at about 6. 45 pm appellant along with one Rajesh had altercation with Shivaji Shindi (PW/7) and Baikunthi Devi (PW/6) and at the same time appellant stabbed in the abdomen of Baikunthi Devi by pointed iron made Gupti as a result of which she sustained grievous injury and admitted in Sector-9 hospital, Bhilai. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

(3.) Learned counsel for the appellant would submit as under: