PRAKASH EKKA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is directed against judgment dated 31.7.2015 passed by Fourth Additional Sessions Judge, Ambikapur Distt. Surguja (CG) in Session Trial No.216/2013 wherein the said Court convicted the appellant for commission of offence under Section 307 of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of 1000/- with default stipulation for commission of offence of attempt to murder one Satyanarayan on 08.02.2013 at about 9.00 pm at Village Jajga, Baulapara, Police Station Sitapur, Distt. Surguja.

(2.) As per the case of the prosecution, on the date of incident, one annaprashan ceremony was going on in the house of Sukhi Ram and on the said function, complainant Satyanarayan and other persons were present. After completion of the programme, one Suganti Bai who was present there fell down. At the same time, husband of Suganti Bai, who is present appellant, came there and told the victim that he is teasing his wife and assaulted him by club on his head, ear, nose, mouth and face and also inserted the stick in his private part of the body. The matter was reported and investigated and the appellant was charge sheeted and convicted as mentioned above.

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