Dismissed¶29

Gutta Ram Podiyami v. State of Chhattisgarh

Chhattisgarh HC20 Nov 2024CRA/432/2018

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur; CRA No. 432 of 2018; Section 307 IPC (attempt to murder, two counts); axe attack causing grievous injuries; victims Sukdi (PW-6) and Maso (PW-7); Dr. D.P. Bhardwaj (PW-8) medical opinion; Session Trial No. 68/2017, 2nd Additional Sessions Judge Jagdalpur, Bastar; conviction upheld; appeal dismissed on merit; Justice Narendra Kumar Vyas; decided 21.11.2024; NAFR; appellant released 16.05.2023 on remission; fine Rs. 500/- per count.

What did the court decide?

On appreciation of the evidence and material on record, the findings recorded by the learned trial Court are not unreasonable, perverse, illegal or contrary to the evidence proving the appellant's guilt beyond reasonable doubt, and therefore do not warrant interference by this Court. ¶28

Gutta Ram Podiyami Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

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2024:CGHC:45546

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRA No. 432 of 2018

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Gutta Ram Podiyami S/o Boroti Aged About 30 Years Caste Madiya R/o Village Kumar Sadra, Patelpara, P. S. Kodenar, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

¶7

... Appellant

¶8

versus

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State Of Chhattisgarh Through The Station House Officer, Police Station Kodenar, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

... Respondent

For Appellant : None

For

: Ms. Neeta Tulsani Thawani, Panel Lawyer

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Respondent/State

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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21.11.2024

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This criminal appeal has been filed being aggrieved by the judgment dated 31.01.218 passed by the learned 2^nd Additional Session Judge Jagdalpur, District - Bastar (C.G.) in Session Trial No. 68/2017 whereby the appellant has been convicted and sentenced in the following manner:-

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Conviction Sentence

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U/s 307 of Indian Penal : R.I. for 07 years, with fine of Rs. 500/- in

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2 / 3

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Code (two count) default of payment of fine 06 months additional R.I. (two count)

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In compliance of direction issued by this Court, the Secretary, Legal Services Authority has called status report from concerned Jail Superintendent wherein it has been mentioned that the appellant has already been released from jail on 16.05.2023 on completion of jail sentence awarded to him by the trial Court getting benefit of remission as he had already suffered 07 years 02 months & 24 days of jail sentence out of maximum 7 years as awarded by the learned trial Court.

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The record of the case would demonstrate that the prosecution to prove guilt of the appellant has examined as many as 09 witnesses and exhibited documents (Ex. P/1 to P/23).

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The prosecution to prove guilt of the appellant has examined victims as (Sukdi) PW-6 and Maso (PW-7) wherein they have stated that on the date of incident, when Sukdi was planting paddy suddenly the appellant has came and hit her with Axe due to which she sustained grievous injury and blood was coming out with her body, after the hit she became unconscious and her daughter took her to the hospital. When Maso took his son for treatment to one Lakhu Muchaki at village Dewtagudi, then suddenly the appellant/accused has came and hit the Maso on his shoulder with an Axe due to which he sustained grievous injury in his shoulder. Some boys of the village Dewtagudi took him to the his house and thereafter he has admitted to Maharani Hospital and thereafter FIR was lodged against the accuseds.

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The prosecution has also examined medical officer Dr. D.P. Bhardwaj (PW-8) have treated the victims and opined that there was sharp wound in Maso’s shoulder and his scapula bone seems to have been broken, whereas in case of Sukdi there is a sharp would in her head and deep cut would in her internal shoulder and their conditions were very serious and the injuries were sustained by sharp edged weapon.

¶28

On the basis of evidence and material placed on record as also the statement of the victim Sukdi (PW-6), Maso (PW-7) and treating Dr. D.P. Bhardwaj (PW-8), the learned trial Court vide impugned judgment dated 31.01.2018 has convicted and sentenced the appellant as aforestated. This Court has gone through the evidence and material placed on record and from the appreciation of the same, it is quite vivid that the finding recorded by the learned trial Court cannot be said to be unreasonable and contrary to the evidence brought on record by the prosecution proving the guilt of the appellant beyond reasonable doubt, therefore, the finding recorded by the trial Court cannot be said to be perverse, illegal or contrary which warrants interference by this Court.

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In view of the above, the instant appeal stands dismissed on merit.

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Sd/-

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(Narendra Kumar Vyas) Judge

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Manish

Gutta Ram Podiyami v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Gutta Ram Podiyami v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Procedural history

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