Ram Prasanna Sharma, J. - (1.) This appeal is preferred against the judgment dated 24th June, 2009 passed by Second Additional Session Judge (FTC), Korba, District Korba (C.G,) in Session Trial No. 28/2009, wherein the said court convicted the appellant for commission of offence under Sections 341, 324 of IPC, 1860 and sentenced to undergo S.I. for one month and R.I for four months respectively.
(2.) In the present case name of the victims are Shriram Shriwas, Sunil Kumar and Kranti Sharma. On the date of incident all three, named above were going on motor-cycle towards the temple and when they reached near Chuiya Canal they were stopped by the appellant and other co-accused who assaulted the victims. Some police personnel reached there and caught two of the accused persons involved in the assault. The appellant was charge sheeted and convicted as mentioned above.
(3.) Learned counsel for the appellant submits as under: (i) Sunil Kumar Channe (PW-9) deposed that three person were sitting at the place of occurance and the prosecution made five accused persons in the present case, therefore, story putforth by the prosecution is concocted. Shriram Shriwas (PW-10) deposed on the same line and 5 persons have been putforth in the identification parade and in the parade Shriram Shriwas identified only two persons. Therefore, version of the prosecution is suspicious. Statement of Kranti Sharma (PW-8) suffers from ommissions and contradictions, therefore, his version cannot be the basis for conviction. Therefore, finding of the trial court is liable to be set aside.;