CRA No. 1053 of 2004. Case: Durga Prasad Gupta and Ors. Vs State of Chhattisgarh. Chhattisgarh High Court
| Case Number | CRA No. 1053 of 2004 |
| Counsel | For Appellant: P.K.C. Tiwari, Senior Advocate assisted by Kripesh G. Kela, Advocate and For Respondents: Vivek Sharma, Govt. Advocate |
| Judges | Pritinker Diwaker and Rajendra Chandra Singh Samant, JJ. |
| Issue | Arms Act, 1959 - Sections 25, 27; Code of Criminal Procedure, 1973 (CrPC) - Section 313; Indian Penal Code 1860, (IPC) - Sections 100, 302, 307, 323, 324, 34, 96 |
| Judgement Date | April 11, 2017 |
| Court | Chhattisgarh High Court |
Judgment:
Rajendra Chandra Singh Samant, J.
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This appeal has been preferred against the judgment of conviction and order of sentence dated 04-12-2004 passed by First Additional Sessions Judge, Rajnandgaon in S.T. No. 91/1998, convicting the appellant No. 2 for offence punishable under Section 323 of the IPC and sentencing him to undergo RI for one year and to pay fine of Rs. 500/-. Further, convicting both the appellants under Section 324 of the IPC and sentencing them to undergo RI for two years and to pay fine of Rs. 500/- each with default stipulation.
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The prosecution case in brief, is that on the night of 22-02-1998 at about 11-00 p.m., Laxmi Narayan Gupta (PW-6) was present near Nandai Kunwa Chowk and the appellants with Munna (deceased) were also present near the Pan Shop. Seeing the complainant/appellant, Durga Prasad and Munna came towards him armed with swords and Ramesh was carrying a revolver. All of sudden, appellants and Munna started assaulting the complainant and others. Appellant Durga Prasad assaulted with sword causing injury on finger of right hand of Laxmi Narayan. Co-accused Munna using a sword assaulted Mukesh (PW-12) and appellant Ramesh causing injuries to them. Mohanlal (PW-13) assaulted by appellant Ramesh and Durga Prasad with swords causing injuries on his body. Appellant Ramesh tried to fire from his revolver which could not fire. Laxmi Narayan lodged un-numbered FIR (Ex. P-15), on the basis of which, Ex. P-20 was recorded in the Police Station Basantpur registering offence under Section 307 IPC against the appellants and deceased Munna.
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Investigating the offence, spot map (Ex. P-1) was prepared by Revenue Officer. House of appellant Ramesh was searched for recovery of revolver vide Ex. P-2 but the result was nil. Similarly, search of appellant Ramesh vide Ex. P-3 also resulted in negative. Laxmi Narayan (PW-6) was examined by Dr. H.K. Joshi vide Ex. P-3-A and simple injuries were found on his body. Mukesh Kumar (PW-12) was examined by the same doctor vide Ex. P-5-A, found to have suffered one simple injury. Mohanlal Gupta (PW-13) was examined vide Ex. P-6-A and simple injuries were found on his body caused by hard and sharp object. At the instance of appellant Durga Prasad vide memorandum (Ex. P-7), a sword was recovered and seized vide Ex. P-8. Blood stained clothes of Mohanlal were seized vide Ex. P-16. Spot map (Ex. P-22) was also prepared by the investigation officer. The seized articles were sent to FSL examination and report was obtained vide Ex. P-23. Report of Serologist Ex. P-24 was also obtained. On completion of investigation, appellants and co-accused were charge-sheeted for trial under offence of Section 307/34 of IPC and 25/27 of the Arms Act. Co-accused Munna @ Subhash expired on 27-02-1998.
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The appellants were charged under Section 307/34 of the IPC, they denied the charges. The prosecution examined as many as 15 witnesses. On examination of Section 313 of the Cr.P.C., the appellants denied the incriminating evidence against them and pleaded innocence and false implication. It was submitted in examination that appellants along with Munna were coming towards their residence when they were assaulted by Laxmi Narayan (PW-6), Mohan (PW-13), Mukesh (PW-12), Jogu @ yogendra with swords and rods causing injuries to them. Due to the injuries caused in this incident, Munna has expired. The complainant and his brothers are habitual offenders. The impugned judgment has been passed by which the appellants have been acquitted of charge under Section 307/34 of the IPC but have been convicted under lesser offence and sentenced as mentioned herein above.
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