The court affirmed the conviction under Section 307 of the IPC based on the clear intention demonstrated by the accused's brutal assault and the dangerous nature of the injuries sustained by the victims.

The appellant in this appeal is calling in question the legality, validity and propriety of the judgment dated 27.9.2006 passed by the Additional Sessions Judge, Bastar (Jagdalpur) in Sessions Trial No. 123/2005 convicting the accused/appellant under Sections 307 and 324 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years with fine of Rs. 1000, and rigorous imprisonment for two years respectively, with default stipulations.

2. Brief facts giving rise to this appeal are that on 29.12.2004 at about 5 pm injured Kanglu and Sohan along with one Rajaram were returning from the house of one Ramsingh Netam and as soon as they reached near the house of Agnu, accused/appellant assaulted them with the help of axe. It is alleged that there was some dispute between accused/appellant and the complainant party over the distribution of a trivial sum of Rs.100. It is the further case of the prosecution that while injured Sohan was trying to snatch the axe from the accused/appellant the handle thereof got broken. Thereafter the appellant went to his house and came back with another axe and assaulted injured persons as a result of which both of them received grievous injuries on various parts of their body. Subsequently, the matter was reported to the police by Ram Singh (P.W. 3) who is the eye witness to the incident and based on that the FIR (Ex.P/1) was registered. Both the injured persons were sent for medical examination to Community Health Centre, Vishrampuri where Dr. G.R. Dhaneliya (P.W. 5) examined them and gave his report Ex. P-8 and P-13 regarding both the injured persons.

3. So as to prove the guilt of the accused, prosecution has examined as many as 7 witnesses. Statement of the accused/appellant was also recorded under section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.

4. After hearing the parties the trial Court has convicted and sentenced the accused/appellant as mentioned above. Hence this appeal.

5. Counsel for the appellant submits that the incident had taken place all of a sudden and there was no prior intention on the part of the accused/appellant to commit the murder of injured Sohan and Kanglu. He submits that the appellant and the complainant party are very poor and the incident had taken place only over the distribution of petty sum of Rs. 100. He further submits that looking to the nature of injuries sustained by the injured persons, the offence under Section 307 IPC would not be attracted and at best the act of the appellant may fall under section 325 IPC.

6. On the other hand counsel for the respondent/State supports the judgment impugned and submits that Dr. G.R. Dhanelia (PW-5) who medically examined injured Sohan has noticed following injuries on his body:

(i) Incised wound in front of the right ear in the size of 3 x + x + c.m.

(ii) Incised wound on the left parietal region of the head in the size of 3 x + x 1 c.m. (iii) Incised wound on the centre of the forehead in the size of 3 x + x 1 c.m. (iv) Incised wound on the parietal region in the size of 2 x + x + c.m. Bone was found to be cut.

All the injuries have been opined to have been caused by a sharp edged weapon.

As regards the injuries sustained by injured Kanglu, this witness has noticed following injuries on his body:

(i) Incised wound below the left eye in the size of 2 x + x + c.m.

(ii) Incised wound on the forehead in the size of 3 x 2 x 1 c.m.

(iii) Incised wound on the left side of the neck in the size of 3 x 2 x + c.m.

All the injuries have been opined to have been caused by a sharp edged weapon.

He submits that all the injuries have been caused with the help of axe. He further submits that brutality on the part of the accused/appellant can be determined looking to his act that when the handle of the axe was broken, he rushed to his house and came back with another axe and again assaulted the injured persons. A