Criminal appeal by an appellant convicted of murder under Section 302 IPC. The Chhattisgarh High Court affirmed the trial court’s conviction based on direct eyewitness testimony and recovery of the weapon, dismissing the appeal.
The criminal appeal was dismissed, affirming the conviction and sentence.
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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CRA No. 639 of 2014
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 639 of 2014
---- Appellant
Versus
---- Respondent
For Appellant :- Mr. Hanuman Prasad Agrawal, Advocate. For State / Respondent :- Mr. Sameer Oraon, Government Advocate.
Division Bench
Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Arvind Singh Chandel
Judgment On Board (23.06.2023)
Sanjay K. Agrawal, J
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CRA No. 639 of 2014
default of payment of fine additional rigorous imprisonment for two years.
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CRA No. 639 of 2014
Sessions for trial in accordance with law. The appellant / accused abjured his guilt and entered into defence.
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CRA No. 639 of 2014
to the statement of eye witness, namely, Lakhmi Kawasi (PW-2), duly proved by the statement of Dassu (PW-3) and other evidence available on record i.e. memorandum statement of the appellant (Ex.P/2), property seizure memo (Ex.P/3), which is duly proved by Tulsiram (PW-4) & Nandkumar Kashyap (PW-5), he submits that there is sufficient material available on record to connect the appellant with the offence and the learned trial Cort has rightly convicted the appellant for the offence aforementioned and, therefore, the instant appeal deserves to be dismissed.
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CRA No. 639 of 2014
12.In the instant case, the conviction of the appellant is based on direct evidence of Lakhmi Kawasi (PW-2), wife of the deceased, and also on Dassu (PW-3). The incident happened in the house of the deceased and Lakhmi Kawasi (PW-2). Lakhmi Kawasi (PW-2) has clearly stated in her statement before the Court that on the date of offence deceased was sleeping and she was involved in the domestic work and all of sudden appellant, armed with axe, came inside the house and assaulted the deceased who was sleeping by which he suffered injury. She informed the same to Dassu (PW-3). Dassu (PW-3) has also clearly stated in his statement before the Court that his sister-in-law (Lakhmi Kawasi) informed to him that the appellant has assaulted the deceased – Dashman Kawasi by axe and immediately he reached to the spot and noticed that deceased (Dashman Kawasi) was injured. Thereafter, Sarpanch of the village came there and appellant was escorted to the hospital. Lakhmi Kawasi (PW-2) & Dassu (PW-3) both have been subjected to some extent of cross examination but they remained firm and they have supported the case of the prosecution and submitted that it is the appellant who assaulted the deceased by axe by which he suffered grievous injuries and died. Not only this, pursuant to the memorandum statement (Ex.P/2) of the appellant, weapon of the offence i.e. axe has been seized though it has been sent for chemical analysis to FSL but the FSL report is not on record, however, seizure has been supported by Tulsiram (PW-4) & G.S. Kuruwanshi (PW-8).
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CRA No. 639 of 2014
Sd/Sd/- (Sanjay K. Agrawal) (Arvind Singh Chandel) Judge Judge Ankit
3 issues framed by the court
Whether the death of the deceased was of homicidal nature based on the postmortem report.
Whether the appellant is the author of the crime establishing the appellant committed the murder.
Whether the impugned judgment of conviction and sentence deserves interference.
2 provisions across 2 enactments
Mitthu Kawasi
State of Chhattisgarh
Sanjay K. Agrawal
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
