7 “ u“- ‘ > Ac; mgie Baneha IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Aggeal No. “7%? /2009. APPELLANTS : 1. Babulal S/o GopiRam Bareth, aged (Released) about 48 years. Panchram S/o Babulal Bareth, aged about 24 years. KomalPrasad S/o Babulal Bareth, aged about 20 year. All Resident of Village—Deorah‘a, P. S; Janjgir, Distt. — Janjgir Champa, (C.G.) VERSUS RESPONDENT z State of Chhattisgarh Through P.s.—Jaa5@,dnmw Distt. — Janjgir Champa, (C.G.) r SENTENCES Imprisonment for 22"“ days and fme of Rs. - '200/éach, in default of payment, next R.I. ' for 1 Month. CRIMINAL APPEAL U/S 374 V/(2) OF THE CRIMINAL PROCEDURE CODE 1973 OFFENCES . W 32378? I.P.C . _ é FNE RliPc‘g abulal 8n. Or. B s: tate of Chhatti$gar S h V j “false implication ' in the case. This apart two defance. Witnésscs y havc also been examined by them in support of their case. 4V After healing counsei for the parfies, the trial Court has acquitted the accusedfappehajlts (for ihe ohence’s 1111de1‘ Section 306/34 of the I.P.C. but they have been convicted ujs 323/34 of I.P.C. Hence this appeal. 5. Contention of the counsel for the appellants is that the prosecution has utterly failed to prove that it is the accused] appellants who have assaulted the deceased. She submits that once the dying declaration is dis‘beheved by the prosecution there remains no evidence to connect the accusedjappellants in assaulting the deceased. She further submits that the incident is said to have taken place on 26—27/4/09 Whereas the F.i.R. has been registeied on 14/ 5/ 09 and this inordinate delay has not been explained by the prosecution. She further submits that on 26/4]09 the report was'lodged by accused Panch Ram against the deceased and on which basis oh‘ences under Sections 352, 323 and 506(B) IPC was registered against the deceased. She submits that the injuries sustained by the deceased could have been sustained by him due to fall and the accused] appellant cannot be connected for the same 6. On the other hand supporting the impugned judgment it has been argued by the counsel for the State that from the post mortem report of the deceased (EX P/ 10) it is apparent that he was brutallv assaulted bv the accused persons and the hummation was to such extent where the deceased had taker a drashc step of commuting snic1de He submits that Mahaveer (P W ll father of the deceased and Firtm Bai (PAR/=2) her bhabhi, have categorically stated that after returning from the house of accusedlappellants, l‘ L i it was informed by the deceased that the accused] appellants have assaulted him and have caused injuries They have further stated /‘ 7. I have heard counsel for the parties and perused the iudgment impugned as Well as the material available on record. that from the wounds sustained by the deceased blood was oozing. v I I I 3 i I Though, th€ dying'declaration has been disbelieved by the irial court on the gmund that the hand writing of the same has not been proved by the handwxim'ng expert but the contents of the dying declaration (EX.P]3) makes it clear that it is the accused/appellants who are father‘innlaw and brother-in-law of the deceased who have assaulted him. The post mortem repo1t of the (ieceased (EX.P/ 10) also confirms the injuty on the person of the deceased and the statements of Mahaveer (P.W.-1) 85 F‘irtin Baj (P.W.-2) makes it apparent that the deceased was assaulted by the accused] appellants. 8. Considering the entire evidence, this court is of the iirm View that the hnding which has been arrived by the court below is accordance with law and the court below is fully justified in convicting the accused/appellants for the oh’ences under Section 323j34 of the I.P.C. As the accusedjappellants have already undergone the entire sentence, no further action is necessary against them. The appeal is accordingly dismissed. Sd/r Pritinker Diwaker Judge