MAHESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 29.2.2008, passed by the 9th Addl. Sessions Judge(FTC), Durg, Chhattisgarh, in S.T. No.121/2007, convicting the accused/appellant under Section 307 of the Indian Penal Code(in short 'IPC'), and sentencing him to undergo RI for 7 years with fine of Rs.1000/- in default of payment of fine to undergo additional RI for 3 months.

(2.) The prosecution case, in brief, is this that on 28.2.2007 at about 11 am, victim Basanti Bai PW-1 was wetting the wall. The appellant, who is relative and brother-in-law of the victim came on the spot and quarreled with the victim saying that the wall is getting damaged and thereafter he assaulted Basanti Bai PW-1 with an axe 5 to 6 times causing injuries on her head, neck and face. FIR ExP-1 was lodged on that basis, the investigation was carried out.

(3.) On completion of investigation, the charge sheet has been filed before the concerned Court against this appellant. Charges under Sections 307 of IPC was framed against the appellant, he denied the same and sought for trial. In order to prove the charge the prosecution had examined as many as 15 witnesses. Statement of appellant was recorded under Section 313 of CrPC in which he denied all the incriminating evidence appearing against him, pleaded innocence and false implication. No witness was examined by appellant in his defence. On conclusion of trial the appellant stands convicted and sentenced as aforesaid in the impugned judgment.