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2018 Supreme(Chh) 454

ARVIND SINGH CHANDEL
Bal Govind, S/o Mohan – Appellant
Versus
State of Madhya Pradesh (now Chhattisgarh) through P. S. Dhorpur, District Surguja – Respondent


Advocates Appeared:
For the Appellants :Shri Shakti Raj Sinha, Advocate.
For the Respondent: Shri Arvind Shukla, Panel Lawyer.

JUDGMENT :

1. This appeal is directed against the judgment dated 18.8.1998 passed by the 1st Additional Sessions Judge, Ambikapur, District Surguja in Sessions Trial No.250 of 1991 convicting and sentencing each of the Appellants as under:

Conviction

Sentence

Under Section 307 read with Section 34 of the Indian Penal Code

Rigorous Imprisonment for 7 years

2. Prosecution case, in brief, is that Complainant Pyarelal (PW3) was working as a Forest Guard. The Appellants were grazing cattle in the forest due to which dispute had been taking place. On 26.2.1991, in the evening hours, Pyarelal (PW3), Jagdish (PW8) and other guards were returning from their duty. It is alleged that on the way, the Appellants, who were armed with sword, tabbal and tangi, assaulted them. Appellant Bal Govind assaulted by a sword to Complainant Pyarelal due to which he fell unconscious. The matter was reported by Budhauram (PW2) vide Ex.P2. Jagdish (PW8) and Pyarelal (PW3) were medically examined by Dr. Manoj Jaiswal (PW9). He found an incised injury of 15 cms. long from up

















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