The High Court dismissed a revision petition filed by the complainant against the Sessions Judge's order acquitting the accused of charges under IPC Sections 341, 294, 506(B), and 307, while the accused was convicted and sentenced under Section 325 IPC.
Revision petition disposed of by dismissing the appeal against the acquittal and conviction.
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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 217 of 2008
---- Applicant
Versus
---- Respondent
| For Applicant | : Shri Tarun Dansena, Advocate |
|---|---|
| For Respondent/State | : Shri Rahul Tamaskar, P.L. |
Hon'ble Shri Justice Pritinker Diwaker Hon'ble Shri Justice Ram Prasanna Sharma
Order On Board
01/08/2017
The applicant in this revision is assailing the legality, validity and propriety of the impugned judgment and order dated 25.08.2007 passed by Second Additional Sessions Judge, Durg in S.T. No. 120/2004 whereby the court below while acquitting the respondent No.1/accused of the charges under Sections 341,294,506 (B) and 307/34 IPC, convicted him under Section 325 IPC and sentenced to undergo SI for 11 months with fine of Rs. 15,000/- plus default stipulation.
about 8.00 a.m., when the complainant Kamrunnisha was going to attend the natures call towards the common toilet, accused/appellant reached there carrying iron rod and after abusing her, caused several injuries in particular, on her shoulder and left hand. FIR Ex.P-1 was immediately lodged against four persons by the complainant under Sections 294, 506 (B),341,323,324 and 34 IPC Complainant was medically examined vide Ex.P-7 by Dr.Kavita (PW-12) and she opined that the victim had suffered lacerated wound on the tip of left little finger, abrasion on palmar aspect of right mid forearm, swelling with abrasion on left parietal region of scalp and further was referred to DHD for X-ray, orthopaedician and to surgical specialist for head injury. After investigation charge sheet was filed against four accused persons showing two of them to be absconding and one dead. While framing the charge trial Judge has framed charge against the respondent No.1/accused and accused Mohd. Israel under Sections 341, 294, 506 (B), 307/34 IPC.
11 months with fine of Rs. 15,000/-.
Sd/Sd/(Pritinker Diwaker) (Ram Prasanna Sharma) Judge Judge
suguna
2 issues framed by the court
Whether the High Court can interfere with the trial court's acquittal of the accused on charges of abduction and attempt to murder in a revision against acquittal.
Whether the sentence of 11 months awarded by the trial court for voluntarily causing grievous hurt requires enhancement.
5 provisions across 1 enactments
Kamrunnisha
Mohd. Ahmad
State Of C.G.
Pritinker Diwaker
Ram Prasanna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
