JUDGEMENT
ARVIND SINGH CHANDEL, J. -
(1.) This appeal is directed against the judgment dated 8.2.2011 passed by the Additional Sessions Judge, South Bastar
Dantewada in Sessions Trial No.280 of 2007, whereby each of the
Appellants has been convicted and sentenced as under:
Conviction Sentence
Under Section 307 of the
Indian Penal Code
Rigorous Imprisonment for 7
years and fine of Rs.500/- with
default stipulation
(2.) Facts of the case, in brief, are that on 18.4.2007 at 4:30 p.m., Complainant Tilakraj (PW1) was talking with Kumari Laxmi (PW3),
who is sister of both the Appellants. At that point of time, both the
Appellants came there. Allegedly, Appellant Dwarika assaulted
Complainant Tilakraj (PW1) by hands and fists and Appellant
Devendra assaulted the Complainant by a club. As a result of the
assault, the Complainant sustained injury on head. After receiving
treatment, the Complainant lodged First Information Report (Ex.P1)
in Police Station Kirandul on 29.4.2007. On completion of the
investigation, a charge-sheet was filed. Charges under Section
307 read with Section 34 of the Indian Penal Code were framed against the Appellants.
(3.) In support of its case, the prosecution examined as many as 12 witnesses. In examination under Section 313 of the Code of
Criminal Procedure, the Appellants denied the guilt. No witness
has been examined in their defence.;
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