Single judge of Chhattisgarh High Court dismissed an appeal against conviction for robbery causing hurt. The court held that the trial court correctly convicted appellants based witness testimony, injury report, seized looted articles, and identification parade.
Appeal dismissed; conviction and sentence under Section 394 and 397 IPC upheld.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 793 of 2012
---- Appellants
Versus
State of Chhattisgarh through the Thana Incharge- Arakshi Kendra Gobra Nawapara, District Raipur (C.G.)
---- Respondent
For Appellants : None. For Respondent : Mr. Shubham Verma, PL
Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board
14/10/2019
basis of said report, offence has been registered against the unknown persons. On 12/02/2011 during town petrolling, the Appellant as well as other accused namely Baba @ Rakesh were caught by the police officials. Their memorandum statements were recorded. On the basis of their memorandum statement, looted property were seized. During TIP they were identified by the Complainant. After completion of investigation, a charge-sheet has been filed. Trial Court framed the charges. As many as 18 witnesses have been examined. No defence witness has been examined. Statements of the Appellants under Section 313 of the Cr.P.C have been recorded, wherein they have pleaded their innocence and false implication in the matter.
they were returning from village Hathbay to Singarbhatha on a motorcycle, on the way both the Appellants and co-accused overtake them and assaulted them by hands and fists, and by a knife. They looted their purse, mobile phones and SIMs. As stated by Sanjay (PW1), he sustained injury on his leg. Both the above witnesses have also stated that after 15-20 days, during test identification parade they have identified both the Appellants vide identification Memo No. Ex.P-6. Both the witnesses were remained firmed during their crossexamination. Test Identification Parade was conducted by L.L. Shrinivas (PW11). He has also supported the case of the prosecution. Roomlal (PW10) and Lekhram Dhruw (PW12) have also supported the above TIP.
Sd/(Arvind Singh Chandel) Judge
Rahul
2 issues framed by the court
Whether the conviction and sentence under Section 394 read with 397 IPC should be set aside in the criminal appeal.
Whether the trial Court erred in convicting the appellants based on the evidence including injury, looted property, and identification.
2 provisions across 1 enactments
Arjun Tandon
Raja @ Leelaram Kosre
State of Chhattisgarh
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
