Vishnu Sevay Vs State of Chhattisgarh

¶1

1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

Acquittal Appeal No.44 of 2022

¶5

Vishnu Sevay, son of Shri Ramprasad Sevay, aged about 78 years, resident of Village Bohardih, Police Station Gidhpuri, District Baloda Bazar Bhatapara, Chhattisgarh

¶6

---- Appellant

¶7

versus

¶8

1. State of Chhattisgarh through Station House Officer, Police Station Gidhpuri, District Baloda Bazar Bhatapara, Chhattisgarh

¶9

2. Kalyan Sandey, son of Udeyram, aged about 52 years,

¶10

3. Rupesh Sandey, son of Kalyan Sandey, aged about 19 years,

¶11

4. Kriparam Sandey, son of Udeyram, aged about 63 years,

¶12

5. Uttra Sandey, son of Kriparam, aged about 30 years,

¶13

6. Ghanshyam Sagar, son of Ramkhilawan Sagar, aged about 32 years,

¶14

7. Devprasad Saytode, son of Kaliram Saytode, aged about 42 years,

¶15

8. Nanhuram Dhritlahre, son of Bhojram, aged about 31 years,

¶16

9. Rajendra Banjare, son of Kriparam Banjare, aged about 35 years,

¶17

All are residents of Bohardih, Police Station Gidhpuri, District Baloda Bazar Bhatapara, Chhattisgarh

¶18

--- Respondents

¶19

For Appellant	:	Shri C.R. Sahu, Advocate
For Respondent 1/State	:	Shri Arvind Dubey, Government Advocate
For other Respondents	:	None

¶20

2

¶21

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal

¶22

Judgment on Board (18.7.202 4)

¶23

Sanjay Kumar Jaiswal, J.

¶24

1. With the consent of Learned Counsel appearing for the parties, the appeal is heard finally.

¶25

2. Invoking jurisdiction of this Court under Section 372 of the Code of Criminal Procedure, the Appellant herein has preferred this acquittal appeal calling in question legality, validity and correctness of the judgment dated 28.12.2021 passed by the 3^rd Additional Sessions Judge, Baloda Bazar, District Baloda Bazar - Bhatapara, Chhattisgarh in Sessions Trial No.54 of 2019 by which the accused persons/Respondents 2 to 9 herein have been acquitted of the charges framed under Sections 325/149 and 307/149 of the Indian Penal Code.

¶26

3. According to the case of prosecution, Complainant Kamlesh (PW1) lodged a report in Police Station Gidhpuri to the effect that in the evening of

¶27

3

¶28

14.6.2019 his younger brother Hemlal (PW11) beat with hands to the son of their neighbour Ganga Prasad. Due to this old enmity, accused Devprasad, Ghanshyam, Nanhu, Rajendra gathered near his house and started abusing in the name of mother and sister. On being prevented, Kripa, Uttra, Kalyan and Rupesh, with a common intention to cause murder, assaulted Deepak (PW3) with lathi-danda. On intervention by Complainant Kamlesh (PW1) and his mother, father, brother, sister-in-law, daughter-inlaw, they were assaulted in their house by the accused persons by lathi-danda. All the accused persons entered the house with a common intention to cause murder and made the assault as a result of which Sukwaro Bai (PW5), Hemlal (PW11), Kirtan (PW8), Bharti (PW7), Deepak (PW3) and Vishnu (PW4) suffered injuries. On the basis of the report and statements of witnesses, a crime (Ex.P64) was registered against the accused persons under Sections 147, 148, 149, 452, 294, 323, 506, 325, 307 IPC. The accused persons were arrested. On completion of investigation, a charge-sheet was filed

¶29

4

¶30

against them. The Trial Court framed charges against them for offences punishable under Sections 452/149, 148, 506, 323/149, 323/149, 323/149, 323/149, 323/149, 323/149, 325/149 and 307/149 IPC.

¶31

4. To bring home the offence, the prosecution examined as many as 18 witnesses. In examination under Section 313 Cr.P.C., the accused persons denied the guilt and pleaded false implication. In defence, they examined Mohan Manhare (DW1) and Bhagirathi Chelak (DW2).

¶32

5. The Trial Court, on appreciation of the evidence on record, convicted and sentenced the accused persons for offences punishable under Sections 452/149, 148, 506, 323/149, 323/149, 323/149, 323/149, 323/149, 323/149, 323/149 IPC, but, acquitted them of the charges under Sections 325/149 and 307/149 IPC. Hence, the present appeal has been filed by injured victim/Appellant Vishnu against the said acquittal.

¶33

5

¶34

6. Learned Counsel appearing for the Appellant submits that the acquittal of the accused persons of the charges under Sections 325/149 and 307/149 IPC is arbitrary, illegal and contrary to the facts and circumstances of the case. The accused persons had attacked upon the waist and head of Sukwaro Bai (PW5) by wooden stick for committing her murder and she had received grievous injuries. A ccused Kalyan had assaulted on wrist of left hand of Bharti (PW7) by danda which resulted into fracture in hand and breaking of bangles. On completion of the investigation the police had also registered offences punishable under Sections 325/149 and 307/149 IPC along with other offences against the accused persons. But, the Trial Court has not properly considered the material available and against the conviction of the accused persons vide the impugned judgment sentenced them with 1 month’s imprisonment only for all the offences and wrongly acquitted them of the charges under Sections 325/149 and 307/149 IPC. Learned Counsel prays that the sentence of the accused persons may be

¶35

6

¶36

enhanced and they may be convicted for the offences under Sections 325/149 and 307/149 IPC also.

¶37

7. Learned Counsel appearing for the State/Respondent 1 supports the impugned judgment and submits that the Trial Court has rightly convicted and sentenced the accused persons.

¶38

8. No one appears on behalf of the accused persons/Respondents No.2 to 9.

¶39

9. We have heard the rival contentions put-forth on behalf of the parties and perused the material available with utmost circumspection.

¶40

10. The challenge in this appeal is to acquittal of the accused persons of the charges under Sections 325/149 and 307/149 IPC. The challenge is based on the allegations that the accused persons had assaulted Sukwaro Bai (PW5) by wooden stick for committing her murder and she had received grievous injuries. Accused Kalyan had assaulted on wrist of left hand of Bharti (PW7) by danda which resulted into fracture in hand and breaking of bangles. On completion of the investigation, the

¶41

7

¶42

police had also registered the ofences punishable f under Sections 325/149 and 307/149 IPC along with other ofences against the accused persons. It f is also prayed on behalf of the Appellant that against the conviction of the accused persons imposed vide the impugned judgment the sentence awarded to them may be enhanced.

¶43

11. The Trial Court in paragraph 35 has discussed the statement of Bharti (PW7) that accused Kalyan had assaulted on wrist of her left hand by danda which resulted into fracture in hand and breaking of bangles. In this regard, the medical evidence Dr. B.S. Dhruw (PW14) has stated that a swelling of 4x6 inches was found in the left wrist of injured Bharti (PW7) which was of grievous nature. She was also advised to undergo x-ray examination, but, no report of a Radiologist was placed before the Trial Court to prove that there was said fracture and in absence of a Radiological report, the Trial Court did not rely that there was said fracture. The Trial Court arrived at the conclusion that injured Bharti (PW7) had not sufered any grievous injury. Thus, the charge under f

¶44

8

¶45

Section 325/149 IPC is not proved. Hence, the acquittal of the charge under Section 325/149 IPC is based on the evidence on record.

¶46

12. The Trial Court in paragraph 36 has arrived at the conclusion that when Sukwaro Bai (PW5) was taken for medical examination she was conscious and was talking. She was not required to be referred to anywhere for treatment. Since her family members were worried, she was referred to. Her life was not in danger due to the injuries sufered by her. Her f injuries were of simple nature, not of grievous nature. Her city scan examination was also done, but, no abnormality was found in her head. The Trial Court found that her death was not possible due to the injuries caused by the accused persons. The above f i nding of the Trial Court is based on the medical evidence. On appreciation, we do not f i nd any inf i rmity in the f i nding and, therefore, the said f i nding is hereby afrmed. The present is not a case fi where the accused persons could be held guilty for the ofence punishable under Section 307/149 IPC. f

¶47

9

¶48

Therefore, their acquittal of the charge under Section

¶49

307/149 IPC is just and proper.

¶50

13. As regards enhancement of the sentence awarded to the accused persons against the conviction imposed vide the impugned judgment, we f i nd that this is a case of assault with wooden stick and the injuries sufered were simple in nature. Therefore, the f sentence awarded is commensurate to the ofence f and needs no interference by this Court.

¶51

14. dismissed. In the result, the acquittal appeal is

¶52

Sd/Sd/-

¶53

(Sanjay K. Agrawal) (Sanjay Kumar Jaiswal) Judge Judge

¶54

Gopal

Vishnu Sevay v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vishnu Sevay v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Hemlal Sahu Vs State Of Chhattisgarh

Kunjbihari Vs State of Chhattisgarh

Mohan Yadav Vs State of Chhattisgarh

Toshan Bhaskar @ Raju Vs State of Chhattisgarh

Ashok Singh @ Manager Vs State Of Chhattisgarh

Dinesh Kumar Ekka And Anr. Vs State Of Chhattisgarh