High Court of Chhattisgarh dismissed an appeal against acquittal, upholding the trial court's conviction under IPC Section 302 for murder committed by stone-throwing, affirming evidence from eyewitnesses and post-mortem report.
The criminal appeal was dismissed, upholding the life sentence and fine.
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.
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( Cr.A.No.626/2014 )
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No.626 of 2014
{Arising out of judgment dated 30-4-2014 in Sessions Trial No.21/2013 of the Additional Sessions Judge, Fast Track Court, Raigarh}
Hiransai, S/o Shriram Agariya (Lohar), aged about 30 years, R/o Village Tirkela, PS Lakhanpur, Distt. Sarguja (C.G.)
(In Jail) ---- Appellant
Versus
State of Chhattisgarh, Through the Station House Officer, Police Station Kapu, District Raigarh (C.G.)
---- Respondent
-------------------------------------------------------------------------------------------------For Appellant: Mr. Nasimuddin Ansari, Advocate. For Respondent/State: Mr. Wasim Miyan, Panel Lawyer.
Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Sachin Singh Rajput, JJ.
Judgment On Board (09/03/2023)
Sanjay K. Agrawal, J.
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( Cr.A.No.626/2014 )
appellant assaulted Ramsai – grand-father-in-law, by stone by which he suffered injuries and died. It is the further case of the prosecution that marriage of the appellant was solemnized with Urmila – daughter of Karamsai, resident of Village Pakhnakot, but on account of cruelty meted out by the appellant, his wife Urmila used to stay with her father at Village Pakhnakot and one year prior to the date of offence, the appellant came to the house of his wife and requested her to accompany him, but she did not accede to his request and on that account, the appellant has taken his 5 years old son with him and thereafter, the same act was again repeated by the appellant on 24-11-2012, but his wife did not accept his request and being unhappy with the conduct of his wife and his father-inlaw, on 26-11-2012 at 9:00 a.m., the appellant is said to have taken Ramsai – grand-father of Urmila i.e. grand-father-in-law of the appellant herein, to the nearby place on some pretext and after consuming liquor, assaulted him by heavy stone by which Ramsai suffered injuries. The incident is said to have been witnessed by Surmila (PW-1) – younger sister of Urmila and Lalit (PW-2). The matter was informed to the police and morgue was registered vide Exs.P-2 & P-16 on the basis of which first information report (FIR) Ex.P-1 was registered. Inquest over the dead body of the deceased was prepared vide Ex.P-5 and dead body of deceased Ramsai was sent for postmortem which was conducted by Dr. B.L. Bhagat (PW-6) vide Ex.P-10 according to which, cause of death was due to coma as a result of head injury and death was homicidal in nature. Memorandum statement of the appellant was recorded
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( Cr.A.No.626/2014 )
vide Ex.P-7 pursuant to which the weapon of offence – heavy stone was recovered from him vide Ex.P-8. Statements of the witnesses were recorded under Section 161 of the CrPC..
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( Cr.A.No.626/2014 )
appellant, would submit that conviction of the appellant is based on the testimony of two witnesses Surmila (PW-1) & Lalit (PW-2) which does not inspire confidence, they have not seen the incident and as such, the appellant has been falsely implicated and therefore his conviction deserves to be set aside and the appeal be allowed.
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( Cr.A.No.626/2014 )
eyewitnesses Surmila (PW-1) & Lalit (PW-2).
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( Cr.A.No.626/2014 )
accordingly, it is hereby dismissed.
Sd/Sd/(Sanjay K. Agrawal) (Sachin Singh Rajput) Judge Judge
Soma
2 issues framed by the court
Whether the death of the deceased was homicidal in nature?
Whether the trial court rightly held the appellant to be the author of the crime based on eyewitness testimony?
Hiransai
State of Chhattisgarh
Sanjay K. Agrawal
Sachin Singh Rajput
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
