Arvind Singh Chandel, J. - (1.) The appeal is directed against the judgment dated 25.11.1999 passed in Sessions Trial No.328 of 1998 by the 1st Additional Sessions Judge, Bastar at Jagdalpur convicting and sentencing each of the Appellants as under: JUDGEMENT_74_LAWS(CHH)5_2018_1.html
(2.) Facts of the case, in brief, are that on 29.8.1998 at about 10:00 p.m., Complainant/injured Pravin Kumar Tiwari (PW4) was dancing in a tent of Lord Ganesh Festival being celebrated in Village Jaitgiri. At that time, for a dispute taken due to an old enmity relating to money, Appellant Goverdhan armed with tangiya and Appellants Budhram and Devi Singh armed with lathi came there. They assaulted Complainant Pravin Kumar Tiwari (PW4). Pravin Kumar Tiwari sustained injury on head and got unconscious. Thereafter, the Appellants fled from there. The incident was witnessed by Pradeep Tiwari (PW5), brother of Complainant Pravin Kumar Tiwari and two others Bhagwandas and Narsingh. Pradeep Tiwari (PW5) lodged First Information Report (Ex.P7) at Police Station Nagarnar. Offence under Section 307, 34 of the Indian Penal Code was registered. Injured Pravin Kumar Tiwari (PW4) was first examined by Dr. Sarita Mahobia (PW1) on 29.8.1998. Her report is Ex.P1 in which she found one injury on the head measuring 4 inches in length and 1 1/2 inches in depth which was inflicted by a hard and sharp edged object. Nature of the injury was grievous. The Complainant was later on examined by Dr. Kishore Jha (PW2). His report is Ex.P6. During investigation, on the basis of memorandum statement of Appellant Devi Singh, one danda was seized from the possession of Devi Singh vide Ex.P11. The said danda was examined by Dr. Sarita Mahobia (PW1), who opined that the injury sustained by Complainant Pravin Kumar Tiwari could be caused by the said danda. Vide Ex.P9, plain and blood stained soil were seized from the place of occurrence. Statements of witnesses under Sections 161 of the Code of Criminal Procedure were recorded. On completion of the investigation, a charge-sheet was filed against the Appellants for offence punishable under Sections 307, 34 of the Indian Penal Code. Charges were framed against them under Sections 307, 307/34 of the Indian Penal Code.
(3.) To rope in the Appellants, the prosecution examined as many as 10 witnesses. Statements of the Appellants were also recorded under Section 313 of the Cr.P.C. in which they denied the guilt and pleaded innocence. 2 witnesses have been examined in their defence.;