Decided on November 17,2005

Moujuram Appellant
STATE OF CG Respondents


V.K.SHRIVASTAVA,J. - (1.) ILND Additional Sessions Judge, Rajnandgaon vide judgment of conviction and order of sentence passed on 23-06-1990 in Sessions Trial No. 35/90 acquitted the accused Moujuram for offence punishable under Section 307 of the I. P. C, and held him guilty for committing offence punishable under Section 323 of the IPC and sentenced him to undergo rigorous imprisonment for one year. Being aggrieved by the said order of acquittal, State has preferred the appeal and against the conviction and sentence accused has also preferred the appeal. Since both these appeals arise out of same judgment of conviction and sentence, they are heard analogously and are being disposed of by this common judgment.
(2.) PROSECUTION story, in brief compass, is that Indravati Bai a widow was living alone in village Mokhali and was doing the work of labour for her livelihood. She had developed illicit relation with the accused and consequently conceived. After 4-5 months of pregnancy, she apprised the fact to accused who proposed her to get herself aborted by accompanying him to Rajnandgaon. She agreed to his proposal and on 30-6-1989 she along with accused setting on carrier seat of the cycle driven by accused was going to Rajnandgaon. On way when they reached near a brook accused compelled her to lay down and thereafter by a pointed nail stabbed her on front and back of chest, back of neck, and hand. She received various injuries as a result of that she was profusely bleeding. When she was crying to save herself, one woman saw the incident, on seeing this, the accused left her in injured condition and ran away from the spot on his cycle. She come to village Mokhali and informed to some of the woman residents of that village about the incident and thereafter lodged first information report in Police Station Lalbag. After recording the first information report Police investigated the crime. During investigation Indravati Bai was got examined by the Medical Officer. On the memorandum of accused, weapon used in inflicting the injuries on the body of Indravati Bai was recovered and seized. It was also got examined by the Medical Officer Dr. S.K. Agrawal. Blood stained blouse of Indravati Bai was also seized from her. On medical examination various injuries on the front side and back side of the chest, injury over the bridge of nose and right shoulder, were found. It was also found that Indravati Bai was pregnant of 4-5 months. After examining the weapon, the Medical officer also gave opinion that the injuries received by Indravati Bai could be caused by the seized weapon. The witnesses were examined under Section 161 of the Cr.P.C. After completion of the investigation the charge sheet was led in the Court of Chief Judicial Magistrate, Rajnandgaon, who committed the case to the Court of Sessions for trial.
(3.) CHARGE under Section 307 of the IPC was framed against the appellant which was read over and explained to him, who abjured his guilt and pleaded that he is innocent.;

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