SAMAR @ GOLU SINGH THAKUR S/O RAM GULAM SINGH THAKUR Vs. STATE OF CHHATTISGARH, THROUGH DISTRICT MAGISTRATE, RAIPUR, DISTRICT RAIPUR (C G )

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 10.07.2009 passed by 10th Additional Sessions Judge (FTC), Raipur, District- Raipur (C.G.) in Session Trial No. 127/2008, wherein the said court convicted the appellant for commission of offence under Section 307 of IPC, 1860 and Section 25 of Arms Act, 1959 and sentenced to undergo R.I. for 5 years and fine of Rs. 200/- & R.I. for 1 year and fine of Rs. 100/- respectively with further default stipulations.

(2.) In the present case, name of victim is Sandeep Thakur (PW1). It is alleged that on the date of incident i.e. on 06.04.2008 at about 10:15 p.m., the appellant and his friends met with the victim and surrounded him. The appellant was in possession of sword who caused injuries on head of the victim. Victim was admitted to hospital and he anyhow managed to escape with death. The matter was reported, the appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) On 19.03.2019, an application under Section 320 (5) read with Section 482 of Cr.P.C., 1973 was filed for permission to compound the offence by exercising inherent power.