^ HIGH COURT OF CHHATTISGARH AT BILASPUR SB: HON'BLE SHRI R.N. CHANDRAKARJ. J Criminal Appeal No. 2042 of 2000 Appellant Kuharami Bueer Respondent Vs. State of M.P. (now Chhattisgarh) through Police Station Kate Kalyan, Distt. Dantewara (Bastar) (CG). t POST FOR JUDGMENT Sd/- R.N. Chandrakar Judge ^ gasgggP''" Sd/- JUDGE e> -5-2009 t^- •..If-^.^ \ \ I; 5: '$''•-? K--^.'-':^- f e^ Appellant: (in jaii) HIGH COURT OF CHKATTISGARH AT BELASPUR Criminal Aopeai No. 2042 of 2000 Kuharami Bueer aiias Lakhma, S/o. Hunga, Caste- Bhuriya, aged about 41 years, r/'o. villags Bengloor, Jogapara, Police Statfon Kate Kaiyan, DistS. Dantewara (Bastar) MP. Versus Respondent: State of M.P. through the Police Station Kate Kalyan, Distt. Dantewara (Bastar) M.P. (Criminal appea! u'S 374 ofthe Code ofCriminal Procedure 1973) SB: Hon'bte Shri R.N. Chandrakar, J. Present; Mr. R.K. Jain, counsel forthe appeilant. Mr. Sameer Behar, Panel Lawyer for the State. JUDGMENT (Delivered on this c; day of May, 2009) 1. This Criminal Appeal is directed against the judgment of conviction and order of sentence dated 12-7-2000 passed by the First Additional Sessions Judge, Bastar (Jagdalpur) in Sessions Trial No. 93 of 2000, convicting the accused/appellant for the offence under Section 307 of the I.P.C. and sentencing him to undergo rigorous imprisonment for five years. 2. The judgment is chailenged on the ground that the trial court has committed an iltegality in convicting and sentencing the accused/appeliant as mentioned above without there being any cogent and reliable evidence available on record. 3. The factua! matrix lies in a narrow compass; that on 30-07-1999 at 3.30 pm the accused/appellant Kuharami Bueer alias Lakhma came to the house of ths complalnant, namely, Ram Charan Nag and demanded hlm Rs.20/- for the work done by the appellant. On this, a dispute arose r ^y^S^ "^^^ ££-•'*:•.»-; .,..( between the complainant and the accused/appellant. The accused/ appeiiant assaulted the complainant by means of Chhuii in his abdomen and at that moment Gudiyari Bai (PW/3), wife of the compiainant, came ihere and thereafter on the same day, the complainant lodged first information report (Ex.P/1) against the accused/appeiiant in Police Station Kate Kalyan, District Dantewara, During investigation, complainant was sent for medica! examination to the Primary Health Center, Kate Kalyan, where he was examined by Dr. A.D. Bara (P/4), who found an incised wound in size of 1 1/2" x 1" on abdomen just above middle portion of novel. According to the Doctor's report (Ex.P.6), protruded viscera and mesentery revealed stabbing wound. The doctor opined thaf Internal injury can be detected and thereafter the complainant was referred to Maharani Hospital, Jagdalpur, where he was further examined by Dr. Smt. J. Gupta (PW/6). According to Doctor's reporS (Ex.P/13) the injury was grievous in nature. Lt. rectos muscle cut obliqueiy completely, muscle bleeding actively. Active bleeders present in pubentaneous issue. injury was also easily deep, blood was present in abdomlnal easily. Thereafter they submitted their reports to the Police. Query report was aiso demanded by the Poiice Station Kate Kalyan. During investigation, memorandum of the accused/appeltant was recorded which !ed to seizure of one Churri vide Ex.P/5 and the same was sent for chemical examination So Forensic Science Laboratory, Raipur. Thereafter report (Ex P/12) of the FSL was sent to Police Station stating that there was blood staln on Churri. 4. After completicn of the investigation chailan was filed in the court of Chief Judicial Magistrate, Dantewara, who in turn, committed the case to the court of Sessions from where learned Additionai Sessions Judge received the case on transfer for trial. •-"-•'•».; '•a^ ^m»k "R. ~ :,.^ J' 5. tn order to establish the guilt of the accused/appellant the prosecution has examined five witnesses. Statement of the accused/appellant was recorded under Section 313 of the Cr.P.C., in which he denied the material appearing against him and pleaded his innocence and false implication. 6. After affording opportunity of hearing to both the pari:ies, the court below convicted and sentenced the accused/appellant as mentioned in para 1 of thejudgment. 7. ! have heard learned counsel for the parties at length and have also perused the material available on record inctuding the impugned judgment. 8. Complainant Ramcharan (P.W.1) has deposed that the aceused worked as labourer and was engaged to cut some wood for Rs.20/-. The accused/appeilant came to the house of the complainant to get that amount. When the complainant told him that the said amount was already paid to him, the accused/appellant assaulted the complainant in his abdomen by means of Churri and at that moment his wife, namely, Gudiyari Bai (P\N!3} came there and after seeing the incident she raised alarm. On hearing the shouting of Gudiyari Bai (PW/3), some persons of the vicinity including Bharat came to the spot of incident and Bharat caught the accused/appellant. Thereafter, the complainant along with his wife went to Police Station, Kate Kalyan to lodge a report. On the basis of statement given by the complainant the Police reflistered first mformation report (Ex P/1). Thereafter, the police sent the complainant to Primary Health Centre, Kate Kalyan for medical examination where he was examined by Dr. A.D. Bara (P/4) who found an incised wound in size of 1 1/2" x 1" on abdomen just above middle portion of novel and thereafter he was referred to Maharani Hospital, Jagdalpur, where he was further examined bv Dr. Smt. J. Guota fPWtffi. Gudivari Bai (PW/% has \ ':;:;°a», :% !J I? l>~.^^:f _^ ,,<?- Wi^- ^"^-^^.^'t-::^^^, IIS corroborated the statement of the complainant Ramcharan Nag and stated that the accused appellant assaulted the complainant in his abdomen by meahs of Churri. She also stated thatshe saw the accused assaulting the complainant and when she raised alarm Bharat (PW/2) came to the place of incident and caught the accused/appellant. PW-2 Bharat also corroborated the statement of Gudiyari Bai. There are no contradictions in the statement of the above named witnesses. The defence has also not rebutted the evidence of these witnesses, therefore, these witnesses are reliable. 9. Dr. A.D. Bara (PW/4) and Dr (Smt.) J. Gupta (PW/6) also corroborated the evidence of the complainant Ram Charan Nag. Dr. A.D. Bara (PW/4) specificaliy stated that he has examined the complainant. During examination he found an incised wound in size of 1 1/2" x 1" on abdomen just above middle portion of novel and according to his report (Ex.P.6), protruded viscera and mesentery reveals stabbing wound. The doctor opined that internal injury can be detected. Dr (Smt) J. Gupta (PW/6) also stated that she examined the complainant and according to her report (Ex.P/13) the injury was grievous in nature. Lt. rectos muscle cut obliquely completely, muscle bleeding actively. Active bleeders present in pubentaneous issue. Injury was also easily deep, blood was present in abdominal easily. By this way, the statement of compiainant Ram Charan Nag was fully corroborated. Hence, the evidence of complainant Ram Charan Nag is reliable. 10. The Investigating Officer H.L. Patel (PW/5) has also stated in his statement that he registered first information report (Ex. P/1) lodged by the complainant Ram Charan Nag. He aiso stated that the memorandum statement of the accused/appellant was recorded and while recording the statement the accused/appellant stated that he would produce knife (Churri). After recording the statement, the accused/appeilant produced \ ,' .-^^ Churri which was seized by the Investigating OfRcer vide Ex.P/5. The aforesaid statement of Investigating Officer (PW/5) is also reliable. 11. For the foregoing reasons, l am of the considered opinion that the judgment of the trial Court does not suffer from any illegality or irregularity w-arranting interference in appeal. The court below has rightly placed reliance on the statement of the witnesses while convicting and sentencing the accused/appellant as msntioned above. 12. Accordingly, the appea! being devoid of substance is liable to be dismissed and it is hereby dismissed. -——-_ _ Sd/- R.N. Chandrakar Judge