DEVENDRA PRASAD THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8.2.2011 passed by the Additional Sessions Judge, South Bastar Dantewada in Sessions Trial No.280 of 2007, whereby each of the Appellants has been convicted and sentenced as under: Conviction Sentence Under Section 307 of the Indian Penal Code Rigorous Imprisonment for 7 years and fine of Rs.500/- with default stipulation

(2.) Facts of the case, in brief, are that on 18.4.2007 at 4:30 p.m., Complainant Tilakraj (PW1) was talking with Kumari Laxmi (PW3), who is sister of both the Appellants. At that point of time, both the Appellants came there. Allegedly, Appellant Dwarika assaulted Complainant Tilakraj (PW1) by hands and fists and Appellant Devendra assaulted the Complainant by a club. As a result of the assault, the Complainant sustained injury on head. After receiving treatment, the Complainant lodged First Information Report (Ex.P1) in Police Station Kirandul on 29.4.2007. On completion of the investigation, a charge-sheet was filed. Charges under Section 307 read with Section 34 of the Indian Penal Code were framed against the Appellants.

(3.) In support of its case, the prosecution examined as many as 12 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellants denied the guilt. No witness has been examined in their defence.