DASHRATH KEWAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 16 th July, 2015 passed by 9th Additional Sessions Judge, Bilaspur (C.G.), in Sessions Trial No.11/2015 wherein the said Court convicted appellant for charge under Sections y307/34, 325/34 and 323/34 of Indian Penal Code, 1860 and sentenced them to undergo R.I. for 7 years with fine Rs. 20,000/- , R.I. for 3 years with fine of Rs. 5000/- and R.I. for 6 months with fine of Rs. 500/- respectively with default stipulations.

(2.) In the present case, name of the victim is Manoj Yadav (PW-2). As per version of prosecution, on 3 rd November, 2014 at about 11:30/12:00 in night, the appellant with other co- accused persons caused multiple injuries to the victim by club with an intention to kill him. After receiving injuries, the victim became unconscious, he was admitted to CIMS, Bilaspur for treatment. Where Dr. Ganga Ram Bareth(PW-7) Medical Officer CIMS Bilaspur noticed that his right eye bulge out, swelling all over the face, bleeding was present in right eye, nose, mouth and ear. Victim also sustained injuries on head, forehead, face, nose, lips, chin and left ear. The matter was reported and investigated. The appellant was charge sheeted and convicted as mentioned above.

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