HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.763 of 2007 (^) APPELLANT: RESPONDENT: Rakesh Kumar, S/o Shri Paduman Lal Shrivas, aged about 22 years, R/o Village Bundela, Police Station Sheori Narayan, Distt. Janjgir-Champa (CG) Versus State of Chhattisgarh, through Police Statjon Sheori Narayan,Distt. Janjgir- 'Champa (CG) -[CFiminal appeal under Section 374 (2) of the Code of Criminal Procedure, 1973} ^'s'i&'^^S a'°R.BSSt2si Present: Mr. N.P. Koshta, counsel for the appellant. Mr. Akhil Mishra, Deputy Govt. Advocate for the State/ respondent. Single Bench; Hon'ble Mr. T.P. Sharma. J ORAL 3UDGMENT (3-9-2009) 1. This appeal is directed against the judgment of conviction & order of sentence dated 30-6-2007 passed by the 2nd Additional Sessions Judge (F.T.C.), Janjgir, in Sessions Trial No. 183/2006, whereby learned Additional Sessions Judge has convicted the appellant under Sections 324 & 324 of the I.P.C. and sentenced him to undergo imprisonment for 268 days on both the counts for assaulting Kum. Mamta &Smt. Laxmibai. 2. Judgment is challenged on the ground that the Court below has convicted & sentenced the appellant without any iota of evidence. 3. Case of the prosecution, in brief, is that on 3-10-2006 at 8.30 a.m. the appellant assaulted Kum. Mamta & Smt. Laxmibai with a sharp edged weapon and caused serious injuries. F.I.R. was lodged vide Ex.P-11 and both the injured were examined by the doctors and X- ray was also taken. Blood stained clothes were recovered. After completion of investigation, chargesheet was filed before the Judicial Magistrate First Class, Janjgir who in turn committed the case to the Court of Sessions, Janjgir from where learned Additional Sessions Judge received the case on transfer for trial. Soma 2 Court of Sessions, Janjgir from where learned Additional Sessions Judge received the case on transfer for trial. 4. In Qrder to prove the guilt of the appellant, the prosecution has examined as many as 11 witnesses. Statement of the appellant was recorded under Section 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence & false impljcation. 5. After appreciating the evidence available on record,learned Additional Sessions Judge cohvicted & sentenced the appellant in the aforesaid manner. 6. I haye heard learned pounsel for the parties, perused the impugned judgment and record ofthe Court below. 7. Learned counsel forthe appellant frankly admits that the appellant has served out the sentence imposed upon him and that he is not disputing the conviction Sisentence ofthe appellant. 8. Conviction & sentence of the appellant is based on the evidence avajlable on record. In absence of any specific ground of challenge, I do not flnd any scope for interference in the judgment impugned. 9, Consequently, the appeal isliable to be dismissed and it is hereby dismissed. __ ___ Sd/- T.P. Sharma Judge