Dismissed

State of Chhattisgarh v. Alwant

Chhattisgarh HC17 Jun 2019CRMP/866/2019

Case brief

AI extract

What is this about?

In CRMP No. 866 of 2019, the Chhattisgarh High Court dismissed the State's appeal against acquittal. The bench held that medical evidence failed to establish a causal link between the injury sustained by the deceased and the assault inflicted by the respondent, rejecting the learned counsel's reliance on Section 304 IPC for conviction.

What did the court decide?

Application for grant of leave to appeal was dismissed; accused acquitted.

State of Chhattisgarh Vs Alwant — Murder and Culpable Homicide | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 866 of 2019

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State Of Chhattisgarh Through Station House Officer, Police Station Raghunathnagar, District- Balrampur-Ramanujganj, Chhattisgah

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---- Petitioner

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Versus

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Alwant S/o Late Shivdhari Aged About 42 Years R/o Village Aashndih, Vivadaad, Police Station Raghunathnagar, District- BalrampurRamanujganj, Chhattisgarh ---- Respondent

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For State/Petitioner : Mr. Neeraj Mehta, Panel Lawyer

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DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey

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Order On Board

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17/06/2019

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Heard on application for condonation of delay in filing appeal. Upon due consideration, the application is allowed. Delay is condoned.

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Also heard on application for grant of leave to appeal.

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Learned State counsel would argue that the evidence on record which includes eyewitness account shows that the deceased was assaulted by the respondent accused and sustained injury on the frontal part of his head which was also found bleeding. Even then, learned Trial Court has convicted only for commission of offence under Section 324 IPC though the cause of death was the injury sustained by the deceased as a result of criminal overt act on the part of the respondent accused.

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We have gone through the evidence led by the prosecution which includes the medical evidence as well. Though there is evidence of respondent given assault to the deceased, the evidence of Dr. Shashank Gupta (PW8) & Dr. Vinod Kumar Singh (PW12) does not establish a link between the death and the injury sustained by the deceased on account of

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assault given by the respondent accused. No fracture injury was found and the injury was simple in nature. The evidence shows that after the incident of assault, deceased died 8 months after the incident. In the absence of a medical evidence that the deceased died due to injury caused by the respondent accused, in our opinion, learned Trial Court did not commit any perversity or patent illegality in acquitting respondent accused from the charges of commission of offence under Section 302/307 IPC. The appeal has no merit and the same is accordingly dismissed.

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Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge

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Rekha

State of Chhattisgarh v. Alwant

Case brief

What is this about?

What did the court decide?

State of Chhattisgarh v. Alwant

Case brief

What is this about?

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