KESHAV KUMAR DAS @ MANTUDAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Facts of the case in brief are that on 23.07.2009 at about 10:30 AM when the accused/appellant was caning her buffalo, the victim (PW-1) objected to it saying as to why he was doing so. On this, the accused/ appellant got enraged and started abusing the victim filthily and also inflicted injury on her chest and head with the help of axe as a result of which she fell down and became unconscious. Matter was reported to the Police by the husband of the victim (PW-3) vide Ex.P-1. She was thereafter taken to the hospital and remained admitted there for about a month. After completion of investigation challan was filed against the accused/appellant under Section 307 IPC and the charge was framed accordingly.

(2.) After going through the record learned Additional Sessions Judge (FTC), Raigarh convicted the accused/appellant under Section 307 IPC and sentenced him to undergo RI for 5 years with fine of Rs.2000/- plus default stipulation. Hence, this appeal.

(3.) Counsel for the accused/appellant submits that though the story put forth by the prosecution did not get corroboration from the medical evidence yet the Court below has ignored the same and has erroneously arrived at the conclusion of holding the accused/appellant guilty under Section 307 IPC. He submits that looking to the testimony of the witnesses, the accused/appellant was to be given benefit of doubt but to his misfortune he has been held guilty for the offence which he has not at all committed. According to the counsel for the appellant, though there are number of contradictions and omissions in the statement of daughter and husband of the victim yet the Court below has not considered this aspect of the matter and abruptly held the accused/appellant guilty.