PRADEEP SHARMA Vs. STATE OF C G

JUDGEMENT

(1.) As both these appeals arise out of the common judgment of conviction and order of sentence dated 31.05.2001 passed by the Additional Sessions Judge and Special Judge SC and ST, Bilaspur, C.G. in ST No. 188/1999 convicted and sentenced the accused/appellants as under, they are being disposed of by this common judgment:-

(2.) These appellants have been convicted for committing offences as mentioned above on the allegation of forming unalwful assembly, committing house trespass and causing greivous hurt to complainant Sanju @ Prannath Tripathi and other persons. For committing the crime they had committed house trespass by illegally and forcibly entering the house of complainant Sanjay @ Sanjay Tripathi. In the incident occured on 19.12.1998 at 8:45 am, Sanju @ Prannath sustained grievous injury on his hand and his litter finger got cut by sharp weapon whereas Chandrakanta his mother and Sukhdev also sustained incised wound by sharp weapon. On the same day, FIR Ex.P-17 was lodged by Sanju @ Prannath Tripathi. The incident was witnessed by Chandrakanta, Sukhdev and Poonam. As per MLC report Ex.P-2, Sanju @ Prannath sustained fresh cut injuries over fingers and both the palms as well as incised wounds over scalp and legs. According to the Doctor, injury No.1 i.e. cut injury of left hand finger was grievous and rest of the injuries were simple in nature caused by sharp edged weapon. As per MLC report Ex.P-4, Sukhdev sustained abrasions over left shoulder and left forearm and incised wound over left palm. As per MLC report Ex.P-1, Chandrakanta sustained lacerated wound over occipital region which was simple in nature and caused by hard and blunt object. The treating doctors PW-1 Dr. Ku. K.S. Rao, PW-2 Dr. Arvind Shukla and PW-3 Dr. S. Chatterjee have duly proved the above medical reports of the victims. After recording the statements of witnesses, charge sheet was filed against the accused persons under Sections 147, 148, 149, 452, 326 and 307 of IPC. The trial Court framed the charges under Sections 147, 148, 452 read with 149, 323 read with 149, 324 read with 149, 326 read with 149 and 307 read with 149 against the appellants which were denied by them and they prayed for trial.

(3.) So as to hold the accused persons guilty, the prosecution examined as many as 15 witnesses i.e. PW-1 Dr. Ku. S. Rao, PW-2 Dr. Arvind Shukla, PW-3 Dr. S. Chatterjee, PW-4 Suresh Chatrawani, PW-5 Bandhu Bhaskar, PW-6 Sukhdev, PW-7 Alok Shukla, PW-8 Kasmikha, PW-9 Sanju Tripathi @ Prannath Tripathi, PW-10 Smt. Chandrakanta Tripathi, PW-11 Ku. Poonam, PW-12 K.S. Rathiya, PW-13 Jaikumar Rathore, PW-14 T.P. Singh and PW-15 RajNihora Shukla. Statements of the accused persons were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication In their defense, they examined only one witness i.e. DW-1 Deepmala Saini.