Dismissed

State of Chhattisgarh v. Janglu Marar

Chhattisgarh HC1 Sept 2023CRR/584/2019

Case brief

AI extract

What is this about?

High Court of Chhattisgarh dismissed a criminal revision by the State against an appellate court's acquittal. The High Court found no infirmity in the trial court's conviction for offences under Sections 294, 323, and 34 of the IPC, upholding the lower courts' decision to reject the appellant's challenge.

What did the court decide?

Criminal revision dismissed; judgment of conviction by the trial court affirmed.

State of Chhattisgarh Vs Janglu Marar — Cheating and Forgery | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRR No. 584 of 2019

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State of Chhattisgarh, Through, The District Magistrate, Rajnandgaon, District Rajnandgaon (CG)

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---- Applicant

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Versus

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Janglu Marar, S/o Late Dhansingh Marar, aged about 55 years,

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Viraj Marar, S/o Mange Marar, aged about 55 years,

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Puselal Marar, S/o Janglu Marar, aged about 35 years,

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Rameshwar Marar, S/o Mange Marar, aged about 35 years, [Accused persons]

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Respondents No. 1 to 4 all are R/o. Village Katangi, Police Station and Tahsil Khairagarh, District Rajandgaon (C.G.)

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----Respondents

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For Applicant : Mr. Gagan Tiwari, Dy. Govt. Advocate. For Respondents : None present, though served.

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Hon'ble Mr. Justice N.K. Chandravanshi

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Order On Board

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01-09-2023

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Heard on admission.

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This criminal revision has been preferred against the order dated 28^th November, 2018 passed by Upper Sessions Judge, Khairagarh, District Rajnandgaon (C.G.) in Criminal Appeal No. 14/2018 whereby judgment of conviction dated 21.06.2018 passed

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by Additional Chief Judicial Magistrate, Khairagarh, District

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Rajanadgaon in Criminal Case No. 616 of 2013 was set aside. By the aforesaid order dated 21.06.2018, learned Magistrate convicted the respondents/ accused for the offence under Sections 294 & 323 /34 (thrice) of the IPC and sentenced to undergo TRC and fine Rs.1,000/- each, u/S 294 IPC, to further undergo TRC with fine of Rs. 1,000/- each, u/S 323/34 IPC, respectively, with default stipulations.

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Facts of the case, in brief, are that on 26.11.2013, at about 4.00 pm when the complainant – Pardeshi Marar along with his elder brother Dashrath Marar, nephew Awadhram Marar & Manshara & younger brother Dudheram was working in his field (Badi), at that time, respondents/accused persons came there claiming the aforesaid Badi of them. Accused/persons abused them in filthy language; threatened to kill them and also assaulted the complainant, his elder brother Dashrath Marar & nephew Awadhram Marar by means of axe, as a result of which, they sustained simple injuries. On being complaint made by Pardeshi Marar, FIR was lodged at Police Station Khairagarh, District Rajnandaon against the respondent accused persons for commission of offence punishable under Sections 294, 506-B, 323 & 323/34 of the IPC

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After usual investigation, charge-sheet for the aforesaid offences along with Section 325 of the IPC was filed against the respondents/accused before the trial court and the same were read over and explained to them, they abjured their guilt and entered into

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defence by submitting that they are innocent.

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So as to hold the respondents/accused guilty, prosecution examined as many as 5 witnesses and exhibited 5 documents. Statements of respondents/accused under Section 313 of the Cr.P.C. was recorded, in which, they denied circumstances appearing against them and stated that they have been falsely implicated. Apart from this, respondents has not examined any withness in support of their defence, but exhibited three documents as Ex.D-1 to D-3.

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Learned trial Court, after appreciating the evidence available on record, convicted the respondents/accused for the aforesaid offences, which was set aside by the appellate Court, as has been stated earlier in preceding paragraph of this judgment.

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Learned counsel appearing for the applicant/State would submit that vide impugned judgment, the appellate Court has acquitted the respondents / accused on the ground that independent witnesses have not been examined and all the witnesses examined by the prosecution are interested witnesses. It is further submitted that in the instant case, there are three injured witnesses namely complainant Pardeshi Marar (PW-1), Awadhram (PW-2) & Dashrath Marar (PW-5), who have clearly stated that respondents/accused not only assaulted them by axe but they also abused them in filthy language. These facts have further been

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corroborated by Mansharam (PW-3) & Dudheram (PW-4) stating that they had seen the injuries on the head of Dashrah Marar, despite that learned appellate Court by disbelieving their deposition, acquitted the respondents /accused of the alleged offence, which is not in accordance with law, hence, it is prayed that the revision may be allowed and the judgment passed by the trial Court may be restored convicting the respondents /accused for the aforesaid offences.

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Despite service of notice, none-present on behalf of the respondents/accused.

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I have heard learned counsel for the applicant and perused the impugned order.

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This revision has been preferred by the State /applicant against the judgment passed by the appellate Court whereby vide impugned judgment, learned appellant court vide impugned judgment, has quashed the judgment of conviction of respondents/accused passed by the trial Court.

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It is trite law that in a revision, facts of the case is not required to be considered and only legality, propriety and correctness of the order is required to be seen.

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In view of aforesaid legal proposition, if this Court considers the facts of the instant case, then it is apparent from the record that only five witnesses have been examined, out of which, three

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witnesses are said to be the injured witnesses. They have also stated that injuries were caused by respondents/accused by means of axe, hence, victim Dashrath Marar has sustained grievous injuries, but in this regard, no medical evidence has been adduced by the prosecution. Other witnesses namely Mansharam (PW-3) & Dudheram (PW-4) has also supported the statements of Pardeshi Marar (PW-1), Awardhram (PW-2) and Dashrah Marar (PW-5), but they have not stated in their deposition that at the time of incident, the were present on the spot. As per evidence available on record, there is previous enmity between the parties with regard to land dispute, in such a situation, the prosecution ought to have examined some independent witnesses, particularly, it had to adduce medical evidence to substantiate the allegations levelled, but such evidence has not been adduced by the prosecution.

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In view of the foregoing discussion and considering totality of the facts, this Court does not find any infirmity or perversity in the judgment passed by the trial Court, as affirmed by the learned appellate Court, hence, the criminal revision, being devoid of substance, is liable to be and is hereby dismissed.

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(N.K.Chandravanshi) Judge

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Amit/-

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State of Chhattisgarh v. Janglu Marar

Case brief

What is this about?

What did the court decide?

State of Chhattisgarh v. Janglu Marar

Case brief

What is this about?

What did the court decide?

What the court decided

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