GOVIND NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 23.04.2009 passed by the Additional Sessions Judge, Durg, in Sessions Trial No. 159 of 2008, whereby the accused/appellant has been convicted under Section 307 IPC and sentenced him to undergo R.I. for four years and to pay a fine of Rs. 500/- with default stipulation.

(2.) The incident is of 07.07.2008 where the accused/appellant gave an axe blow to the victim (PW-4) but the case of the prosecution further speaks that on earlier occasion also the accused/appellant used to stalk her, pass lewd remarks against her and also seek sexual favour from her and that when she did not succumb to his persistence, he lost his temper and attacked her with axe causing injury on her left side of the neck for which report Ex.P-8 was lodged by her after being taken to police station by her husband. Vide report Ex.P-13 initial medical treatment was given to her at Supela hospital from where she was referred to District Hospital Durg and she remained hospitalized for a day. After completion of investigation and effecting seizure of axe under Ex.P-3, charge sheet was filed against the accused/appellant for the offence under Section 307 IPC followed by framing of charge accordingly.

(3.) In order to prove its case the prosecution has examined 9 witnesses in support of its case. Statements of the accused was recorded under Section 313 of the Code of Criminal Procedure in which she denied her guilt and pleaded innocence and false implication in the case.