GAYATRI VAYAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 29-1- 2009 passed by the First Additional Sessions Judge,Baloda Bazar, Dist. Raipur (CG) in Session Trial No. 30 of 2008 wherein the said Court has convicted the appellant for the commission of offence under Sec. 325 of Penal Code and sentenced him to undergo RI for four years and to pay fine of Rs.500.00 with default stipulations.

(2.) In the present case victim is Ripusudan who is husband of the appellant. As per version of prosecution, the appellant had married with one other woman and on the date of incident the victim asked the appellant to go with him to Jammu for labour work to which she denied and due to which some dispute took place between them. On the date of incident, the appellant woke up at 4.00 a.m. and assaulted the victim on his head by a small hammer as a result of which he became unconscious. The matter was reported and investigated and after completion of investigation charge sheet was filed, the appellant did not plead guilty and the trial was conducted. After completion of trial, the trial Court convicted and sentenced the appellant as aforementioned.

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