CRA No. 540 of 2007 and CRR No. 463 of 2007. Case: Shankar Ram and Ors. Vs State of Chhattisgarh and Ors.. Chhattisgarh High Court
|Case Number:||CRA No. 540 of 2007 and CRR No. 463 of 2007|
|Party Name:||Shankar Ram and Ors. Vs State of Chhattisgarh and Ors.|
|Counsel:||For Appellant: Jitendra Shrivastava, Advocate and For Respondents: Vaibhav Goverdhan, Panel Lawyer|
|Judges:||Pritinker Diwaker and Rajendra Chandra Singh Samant, JJ.|
|Issue:||Code of Criminal Procedure, 1973 (CrPC) - Section 313; Indian Penal Code 1860, (IPC) - Sections 114, 147, 149, 294, 307, 320, 326, 341|
|Judgement Date:||February 08, 2017|
|Court:||Chhattisgarh High Court|
Rajendra Chandra Singh Samant, J., (At Bilaspur)
Both the cases have arisen from the judgment of conviction and order of sentence passed by the Additional Sessions Judge, Jashpur in Sessions Trial No. 14/2006 on 27.04.2007, whereby the appellant was convicted under Section 326, 147 and 341 of IPC and sentenced to R.I. for a period of 4 years with a fine of Rs. 5,000/-, S.I. of 3 months and fine of Rs. 1000/- and S.I. of 1 month with fine Rs. 500/- respectively, with default stipulations. By appeal this judgment of conviction and sentence is assailed by the appellant, whereas revision has been brought with prayer to set aside the acquittal of respondents and convict them and also enhance the punishment of respondent No. 2.
The prosecution case is this, complainant Khirodhar Yadav is resident of Village-Jhagarpur, Kharidand and by profession, he is an advocate. On the date of incident i.e. 02.09.2005, Khirodhar Yadav PW/10 gone to Tahsil-Bagicha and was returning to his village in motorcycle. Accused Shankar Ram with Trilochan on one motorcycle and Jugeshwar with Purender on another motorcycle followed complainant. At about 1.30 p.m. near Bhadiya Titli Pahri forest, complainant Khirodhar saw them following got scared, parked his motorcycle and ran towards the forest. Shankar Yadav and other accused persons chased and caught him, thereafter appellant Shankar Yadav use filthy abusive words, caught hold of complainant and forced him to ground. He with the help of a scissor stabbed in his right eye, then accused Jugeshwar using the same scissor stabbed him on his left eye and continued threatening him about taking out his eyes. Rest of the accused persons also participated in beating the complainant. In this incident, complainant lost sight in both of his eyes. Machhinder and Umesh are witness of this incident. Ratu PW/2, Khagpati PW/1, Leeladhar PW/13, Roopsai PW/16 and Loknath came on the spot after listening the noise of altercation. Complainant narrated the incident to them. Complainant was taken to P.S.-Bagicha where he lodged the report.
Complainant was examined by Dr. R.N. Dubey PW/5 vide Ex. P/4, who found incised wounds on both the eyes of complainant. He referred him for further treatment to Ambikapur. Dr. Sanjay Goyal PW/19 treated and examined Khirodhar PW/10. He has reported vide EX.P/30, that there was loss of sight in right eye, due to the injuries caused to him. He referred him for further treatment by Eye Surgeon at Raipur. Dr. A.A. Usman PW/11 conducted Sonography examination of Khirodhar PW/10 in his right eye and gave finding vide his report Ex. P/24, that there was corneal detachment and vitreous hemorrhage in right eye, his left eye was normal.
In rest of the investigation, statement of witnesses were recorded, memorandum statement of accused Jugeshwar was recorded vide Ex. P/2, one scissor made of steel was seized vide Ex. P/3, which was examined by Dr. R.N. Dudey PW/5 and reported vide Ex. P/6, that the injuries caused in the eyes of Khirodhar PW/10 are likely to be caused by this scissor. Spot map was prepared vide Ex. P/7. One handle of scissor was seized from the spot vide Ex. P/8. Motorcycle, wrist watch and spectacles of complainant was seized from the spot vide Ex. P/9. One another motorcycle was seized from the possession of accused Jugeshwar vide Ex. P/10. One motorcycle bearing registration No. C.G.- 14/4109 was seized from the possession of appellant Shankar Ram Yadav...
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