CRA No. 602 of 2016. Case: Agardas Vs State of Chhattisgarh. Chhattisgarh High Court

Case Number:CRA No. 602 of 2016
Party Name:Agardas Vs State of Chhattisgarh
Counsel:For Appellant: Yogeshwar Sharma, Advocate and For Respondents: Madhunisha Singh, P.L.
Judges:Pritinker Diwaker, Actg. C.J. and Sanjay K. Agrawal, J.
Issue:Code of Criminal Procedure, 1973 (CrPC) - Sections 302, 313, 34; Indian Penal Code 1860, (IPC) - Sections 302, 307, 34
Judgement Date:February 28, 2017
Court:Chhattisgarh High Court
 
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Judgment:

Pritinker Diwaker, Actg. C.J.

  1. This appeal arises out of the judgment of conviction and order of sentence dated 29.2.2016 passed by the First Additional Sessions Judge, Sakti, Distt. Janjgir-Champa in S.T. No. 15/1993 convicting the appellant under Section 302/34 and sentencing him to undergo imprisonment for life, pay a fine of Rs. 5000/- with default stipulation.

  2. As per prosecution case on 7.9.1992 at about 7 pm accused/appellant Aagardas with the help of two other accused persons Samaylal and Dilaram caused several injuries to Ashok Saraf. Injured Ashok Saraf was taken to BDM Hospital, Champa where he succumbed to his injuries. Unnumbered FIR (Ex. P/14) was lodged on 8.9.1992 by P.W.-7 Ajay Prasad Saraf, brother of the deceased, based on which offence under Section 307 of IPC was registered against unknown person. Thereafter, numbered FIR (Ex. P/26) was registered against unknown person under Section 307 of IPC. After death of the deceased, intimation was sent to the police and accordingly, merg intimation Ex. P/15 was recorded on 8.8.1992 at the instance of P.W.-7 Ajay Kumar Saraf. Inquest over the dead body was prepared vide Ex. P/38 on 8.9.1992. The dead body was sent for postmortem, which was conducted on 8.9.1992 by P.W.-12 Dr. V.K. Paliwal vide Ex. P/20 wherein he noticed stitched wounds on right parietal region, forehead, scapular region; contusion on right shoulder, abrasion and swelling. In his opinion, the cause of death was coma as a result of head injury caused by hard and blunt object. After investigation, charge sheet was filed against the accused persons under Section 302/34 of IPC. The trial Court framed charge under Section 302 of IPC against all the accused persons.

  3. During trial, accused Dilaram absconded on 17.6.1996 and therefore, the trial proceeded against accused Samaylal and accused/appellant Aagardas. However, after recording of evidence of 14 witnesses, accused/appellant Aagardas also absconded on 4.12.1996 and therefore, the trial was concluded only in respect of accused Samaylal vide judgment dated 26.12.1998. On 7.10.2013 accused/appellant Aagardas surrendered before the police and thereafter, cross-examination was done on behalf of accused/appellant Aagardas for the remaining 15 witnesses.

  4. So as to hold the present accused/appellant guilty, the prosecution examined 29 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the...

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