Dismissed

Sewaram Sahu v. State of Chhattisgarh

Chhattisgarh HC1 Aug 2023CRA/934/2018

Case brief

AI extract

What is this about?

The appellate court rejected the appeal by the appellant against his conviction and sentence for attempted murder. Finding the trial court's findings supported by victim, witness, and medical evidence, the court held there were no infirmities in the lower court's judgment.

What did the court decide?

Criminal Appeal dismissed; conviction and sentence confirmed.

Sewaram Sahu Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHA TTISGARH, BILASPUR

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Criminal Appeal No. 934 of 2018

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Sewaram Sahu, S/o Bhukhau Ram Sahu, Aged about 52 Years, R/oVillage Barouda, Police Station- Vidhan Sabha, District- Raipur, Chhattisgarh.

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---- Appellant

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Versus

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State of Chhattisgarh, Through- Station House Officer, Police Station- Vidhan Sabha, District- Raipur, Chhattisgarh.

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---- Respondent

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___________________________________________________________ For Appellant : Mr. Nitansh Jaiswal, Advocate For State/Respondent : Mr. Ayaz Naved, Government Advocate

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Hon'ble Shri Justice Arvind Singh Chandel

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Judgment on Board

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01/08/2023

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It is informed by the learned State counsel that the appellant has released from jail after completion of entire jail sentence imposed upon him by the trial Court.

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Learned counsel appearing for the appellant submits that the appellant has released from jail but he wants to argue the matter on merits.

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With the consent of learned counsel appearing for the parties, the matter is heard finally.

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The instant criminal appeal has been preferred by the appellant being aggrieved by the judgment of conviction and order of sentence dated 29.05.2018 passed by the 4^th Additional Judge of the First Additional Sessions Judge, Raipur, District Raipur (C.G.) in Sessions Trial No.50/2018, whereby the appellant has been convicted and sentenced punishable under Section 307 of the Indian Penal Code rigorous imprisonment for five years and fine amount of Rs.2,000/-, in default of payment of fine, further undergo rigorous imprisonment for three months.

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According to the case of prosecution, on 29.08.2017, complainantDeepak Sahu lodged report before the concerned Police StationVidhan Sabha against the appellant alleging therein that on 29.08.2017 at about 07:00 am when his mother- Dev Kunwar Bai was going to house of Horilal Sahu for taking water, at that time, due to previous enmity, the present appellant has used to filthy language and assaulted on his mother- Dev Kunwar Bai with the help of axe due to that she sustained injuries on her various parts of the body. Thereafter, the complainant made a report before the police station. On the basis of said report, offence was registered. Statements of the injured/victim (PW-03) and other witnesses were recorded under Section 161 of the Cr.P.C. On completion of investigation, a chargesheet was filed under Sections 294, 506 Part-II and 307 of the IPC. The trial Court framed charges against the appellant under Section 307 of the IPC.

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In order to bring home the offence, the prosecution examined as many as 13 witnesses. However, no defence witness was examined. Statements of the appellant under Section 313 of the Cr.P.C. was recorded, wherein he pleaded innocence and false implication.

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On completion of the trial, the trial Court acquitted the appellant for the offence under Sections 294 and 506 of the IPC. However, the appellant has convicted and sentenced as mentioned earlier of this judgment. Hence, this appeal.

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It is argued by learned counsel appearing for the appellant that trial Court is wrongly convicted the appellant without there being any sufficient evidence available on record. Statement of the victim/injured Dev Kunwar Bai is suspicious and is not reliable. Thus, the conviction of the appellant is not sustainable.

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Per contra, learned counsel appearing for the respondent/State opposes the argument raised by counsel for the appellant and supported the impugned judgment passed by the trial Court.

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I have heard learned counsel appearing for the parties and perused the entire evidence adduced by the prosecution before the Court below.

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The victim/injured Dev Kunwar Bai (PW-03) in her Court statement supported the entire case of prosecution and deposed accordingly. It is stated by the victim that at the time of incident,

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the appellant assaulted on her with the help of axe due to that she sustained injuries on various parts of her body. Deepak Dahu (PW-02) also duly corroborated the statement of the victim/injured Dev Kunwar Bai (PW-03) and deposed that after the incident, his mother informed about the said incident to him at that time his mother was in injured condition and many injuries were found on her body. Further, statements of Deepak Sahu (PW-02) and Dev Kunwar Bai (PW-03) are also duly corroborated by the medical report which has been proved by Dr. Anil Baghel (PW-12) his report is Ex.P/12. According to the medical report, total eight internal wound were found on various parts of the body of injured- Dev Kunwar Bai. There is nothing on record and statement of injured- Dev Kunwar Bai (PW-02) and her son Deepak Sahu (PW-03) on the basis of which their statements can be disbelieved.

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Considering the entire evidence available on record, the trial Court has rightly convicted the appellant for the offence punishable under Section 307 of the IPC, I do not find any infirmity on the finding recorded by the trial Court. Consequently, the instant appeal is dismissed .

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Sd/-

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(Arvind Singh Chandel) Judge

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Vasant

Sewaram Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sewaram Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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