IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR. Criminal Apiseal No. ^"^ 3/2001. ^ ^ APPELLANT (IN JAIL) Rajesh Sx^ami s/o Shri Tulsi Swami, age 22 years, r/o " Shyamnagar^ P.B. Civil Lines, Raipur, Distt^ Ralpur, C.G^ VE Pv S US, RESPONDErW ; The State of C<hhattisgarh through P<S» Clvil Lines, Distt* Ralpur, C»G» CRZMINAL APPEAL UNDER SECTION 374 (2) OE* THE CODE OF-CRItm^ALH?ROCEDURE7 •"/^ C01WICTION. / .^.^^ ^ /^ y ;/^ay^'V\y /^ U/s. 307 I.P.C. // ^ .'' ^/^ <^' SENTENCE. 7 years R^I^ and fine of RSo 500/-. In default of payment of fine 1 month R.I. more, Sentence already gone to be adjusted u/s* 428 Cr^p^C* | '6 •w HIGH COURT OF CHHATFISGARH AT BILASPUR SB.: HON^BLB WSR. JUSTICB PRIT2NKBRDIWAKER APPELLANT S^ESPOKDE-HT .APPBLLAMT RESPONDBIST CR.A. N0»393/2001 ;R^jesh So'lomao. versus State ofChhattisgarh CH.A. N0.43312001 RaJesh Swami versus. State of Chhattisgarh. •i^ & SIiri. A. K.Prasad , counsel fbr fhe appellaxit io. d\ A. • No. 433/2001 &gliri K-uiial Das, counsel fi)r the appellaiit.ia. Gr.A.. No. 393/200 l.Sfari Praveen Das, .Dy. G.A. for the Btate m both the appeals, .' . ..• ; . :.:'. '. .' ''; • ' • •APPBALS UNDBR SBCT!ON.374f2i OF THB CR.P.C. JXJDGMBHT- • .' (01.03.2011) • . As..both th.e ;sppeals are arising.fiDm th.e same judgm.eut aad order. dated' 12.04.2001, tiiey..are bem.g 'disposed of by this commoD. ^jud.gm.ent. • . . • ' .' . . ' - ' . The present^ _ appeals arc directedl'agaiast tlie, impugned judgiBent dated 12.04.2001 passed by fhe Third Addifcional SessiDns Jiidge, R-eipur m: Sessions TriM No<13/2000 , coiivictmg . tlie ajccused/appellaiitslforthe o:ffeace punish.able' under Secti6a?307 of the Indian Penal .Cpde arid sentencin-g each of'.theni to undergo rigoi-ous iinprisoHm.ent fer 7 y^ars wiA. ;fiiie of Rs<:' 500., m.'.defa'tilt of payment of fine to fiirther andergo RI fbr one monfh. 2. Brief fa.ct.s of tlie case ai-e that on 10,11.99, a.t aboiit 10.05 ¥>.m. FIR (.Ex.P/1) was lotlged bv Sukalu Pal (P.IV.-3,1 aSIe>ems tliat on ^ i:si: 'w th.at day at about 9.40 p.m.. one Rajeshwar,@, Takku had a.ssaiilted his son Rainesb Pal (P.W.-2V • by mean.s of .knife caiisio.g' variotis ijijui-ies. Based on fhis FIR offence' under Section 307 IPC was : registered again.st Rajeshwar @ Takku, The victim was •medicalty exaiiiined by Dr. Sunil Gupta {Ex.P/17) on 10.11.99 itself.After nwestigatk)H, challaa was tiled on 8.12,99 under Sectioii 307/ 34 IPC. 3, IB. respect of its case, the pi^secutiou has exaoimed as inaxiy as 11 witnesses. Statenieiit of the accused were also 3'ecorded under .Section 313 Cr, P, C. in which, th.ey denied •tlie charges ^leveled against fhem and pleaded iiinoceuce and false miplicatioxi ia the case, This apait, one defeuce witoess has also been examuied. 4.- After hearijig counsel for tlie parties, vide im.pugnedjudgment fb.e CQurt below has convicted the accused persons as m.entioned above- / <- 5.. Contentioii of Shri. Prasad & Shri Kunal 'Das, comisel for the appeUaB.ts is that four injuries have been siislaio.ed by iojured Paiaesh Pal and all th.e 'mjuries were sim.ple iii natiire. They suhm.it that. even Lr tli.e' entire prosecution case is. taken as i.t is, a.t best tli.e offence iind.er Section 324' IPC would be iiia.de, against. the accused/appellants. They fiirfher submit tliat fhe appeUants Iiave ah'ea.dy rem.airied iD.jail for about 18 m.onths 6 days & 9 xiioiiths 18 days respectively aud tlierefore their senteiice be reduced to tlie period already undergone by thein, 6. On the otlier hao.d, opposing the subm.ission ofthe counsels for fhe appeUaiits/it . has been aTgued by ShriDas'fhat fhe manner iu which victmi Ramesh Pal was assaulted mal^es if cleai' tliat tb.e accused/appeUants had eveiy nitention to kffl the victim aiid therefore tlie convietion uuder Sectioii 307 IPC is fullyjustified, , ' 7. 'Heard coiinsel for the parties aiid peru.sed tJi.e mat-erial availa.ble on. record incliidiag the im.pugned judgnieii.t, 62-' ~':^' ^: Raoiesh.Pal (P.W. -2) in. his 'court statemeiit' has, stated fhat he knew the accused persons aiid wlien he was returaing after attend-mg the call of natiii-e, fhev caine iroai behisid aiid assaalted him.. He has stated fh.at· accused-Rajesh. Swaiiii was carrying' knife ; wh.ereas' accused-RajesIi Soloia.on was carrying sword' io. his hand. He has fdrfher stated fhat when he fell dowu, Rajesh Solomou tried to a.ssaiiilt hixn by sword whercupOn to^ he 3-an away frcm the spot aod on tlie way he xaet one Govmd & Raxa Yadav to whom lieyiiiformed a.bout the iocident ajid fhen reached his house, infomied 4" his parents an.cl then FIR was lodged aiid hewas inedicMly exammed. Siikalu (P,W.-l).lodger oftiie FI-R aad father of-victim Raxaesh Pal has stated that th.e victim cajoie Iionie io. the irijured condition ao.cl Iiad. .uiformed ttia.t tlie accused^appeUan/te have assaiilted hmi. He has further sts.tecl tliat •about four m.on'ths piior to tlie iijGideiit there was some dispute between accused Rajesh Swami aiid Ramesh Pal a.s a resii.it ofwl-u.ch case uxider Section 307 IPC was registered agaiast victim Raaiesh Pal and his friends. Baijubhatt (P.W.-3) is the seizure witiiess of Ex.P/3 to P/5 has not supported. the prosecution case and ha.s been declered tiostil.e, Govind (P.W.-4) to wlioni tlie-ixicideiitwas iirst nifoniied by the victim. has also iiot.'supported fhe prosecution case aiidh.as bee.u declared. hostile. Vikas Thakur (P.W.-5) Sub Inspector has doiie part of the iavestigation. Raoi Kuniar (P.W.-6) to whom also tlie iacident was narrated by fhe victioi has uot supported the prosecutioii case aQ.d has been declared hostile, Narayan Lal (P.W.-7) is fhe seijzure witness of Ex.P/2, P/3, P/4 & P/5 by which fhe knife, sword ami certaui cloflies were seized, has supported ffae prosecutAou case. G,S,Bamra (P.W.-8) is the Investigatmg Officer. Jagdish Patel (P.W.-9) is the Patwad who 'has.prepared the-spot map (E.x.P/'16), Leeleshwaii Bai (P,W.-10) mother of fhe victim has stated that she was mtbiiiied by fhe victiin that the accused/appellaixts have assaulted hiai. Dr, Suuil Gupta. (P,W.-11) who ha.d'niedicaUy'exaixiined the victiBi aiid give-n his report Ex.'P/ 17 'has found followiiig four injuries 011 his body: i| incisewound in'the size of lcni,.xl x/2 0121, x 1 csii.. muscle deep 011 Ihe right side of chest ^"^<-£ ili) incised 'wound on fheleft sid.e of fhe waist in the stee of lcia. x % C2ii. x 1C321. iv) incised wouud on the left hajid little fiager, skio deep iii fhe si^e of 2cm., x lcm..x Vs cxn., \1 :"^ ^' Accordio..gly to ftiis witn.ess, all the irijuri.es -sustanied by the victim . were'. siniple ia iiatiire. He has furfher deposed that ttie injuries sustaiaed by the victioi were not sufficient to caiise his death. 8. Mm.ute exaiiiiiiation ofthe evidence raalces it clear that on the date of iiicident accused pei-sons have assaulted victmi Raoiesh Pal by nieaiis of kiitfe and sword as a result ofwhich he sustahied tbur siiaple iajuries. Conside.ilo.g the evidence ao.d iia.ture of hzjury, offence uxider Section 307 IPC is not iiiade out a.gaiiist tlie accused/appeUaats, However, the offence iinder Section 324 of tlie Indiaii Penal Code is clearly niade oiit against tlie accused/appellaiits aiid fherefore they are couvicted for the smd Sectioxi, 9, So far as tlie seiitence part is concero.ed, tlie appellants are riow Biiddle aged persons, as iafoniied, havixig foimty responsfbility, tlie iiicident had taken place ia the year 1999 ie. 11 }years back, that fhe appellaiits have remained iii jail for about 18 months 6 days & 9 moriths 18 days respectively, their seiitence is reduced to fhe period already undex'goue by thexa. The appellants are on bail, fheir badl bonds staiid dischai-ged, In fhe result, the appeals are partly aUowed. Sd/- PritinkerDiwaker Judge