High Court dismissed criminal appeal challenging conviction and seven-year rigorous imprisonment for attempt to commit murder. Bench upheld impugned judgment finding evidence of assault with axe and injuries corroborated.
Criminal Appeal dismissed; conviction and sentence under Section 307 IPC upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
‘ HIGH COURT OF CHHATHSGARH AT BILASPUR Criminal Appeal No. 70 of 1999 I Appéimnt: Harihar Prasad alias Bablu s/o. Sampat Singh Gonde, P.S. Kota, Chowki Beighana, District Bilaspur (MP).
Versus
Respondent: State 0f Madhya Pra‘desh (new ‘r Chhattisgarh).
i @fiminal appeal U/s 374 (2) of the Code of Criminal Procedure 1973)
SB: Hon’ble Shri R.N. Chandrakar, J;
4 Pres‘ent: u l' l l Mr.AtulPandey,counselfortheappellant. l l Mr. AV. Shridharl Panel Lawyer for the State. l l l
JUDGMENT
(6-7-2009)
f?
The report of Jail Superintendent, Central Jail, Bilaspur dated 10-6-2009 shows that the appellant has served out the sentence and has been released on 28-2-2002; This Criminal Appeal is directed against the judgment of conviction and order of sentence dated 22-1 2-1998 passed by lVth Additional Sessions Judge, Bilaspur, in Sessions Trial No. 483 of 1996, whereby the learned iVth Additional Sessions Judge, holding the appellant guilty for commission of offence under Section 307 of the IPC, sentenced him to undergo RJ. for seven yearsandto payafineofRs.1000/-,indefaultof paymentoffinetofurtherundergoRlforone year. The judgment is challenged on the- ground that without clinching the evidence, the court below has convicted and sentenced the appeilant as aforementioned.
5.: In order to provethe guilt of the accused, prosecution examined as \l e l many as 12 witnesses. The statement of the accused/appellant was ; recorded under Section 313 of the Cr.P.C., in which he denied the ‘ circumstances appearing against him and pleadedhisinnocenceand false implication.
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‘ substance ‘m the appeal. T he same is liable to be dismissed and it is
i
v hereby dismissed.
1
‘ Sdl-
R.Nhandrakar.C
Judge
1 issue framed by the court
Whether the intimidation and assault sufficient to cause death had been proved beyond reasonable doubt to warrant conviction and sentencing.
2 provisions across 2 enactments
Harihar Prasad alias Bablu
State of Madhya Pradesh (new Chhattisgarh)
R.N. Chandrakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
