Nafr High Court
Case Details
1 2025:CGHC:7851 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1487 of 2024 Mukesh Nayak S/o Shri Khemraj Nayak Aged About 19 Years R/o Village Thakurdiya, Police Station- Pithora, District- Mahasamund (C.G.), Presetly Resided At- Vallabh Nagar, Near Ambika Aata Chakki, Police Station- New Rajendra Nagar, Raipur, District- Raipur, Chhattisgarh. versus --- Appellant State Of Chhattisgarh Through Police Station New Rajendra Nagar, Raipur, District- Raipur, Chhattisgarh. ______________________________________________________ For Appellant : Mr. Dashrath Kushwaha, Advocate --- Respondent For State/Respondent : Ms. Priya Sharma, PL ______________________________________________________ WITH CRA No. 1702 of 2024 Sangam Nishad S/o Chhabilal Nishad Aged About 20 Years R/o Sarvodaya Nagar, Pachpedi Naka, Near Shitla Mandir, Police Station New Rajendra Nagar, Raipur, District- Raipur, Chhattisgarh. --- Appellant Versus State of Chhattisgarh Through The District Magistrate, Raipur, District- Raipur, Chhattisgarh. ---- Respondent (Cause title taken from the CIS) VASANT KUMAR Digitally signed by VASANT KUMAR 2 ______________________________________________________ For Appellant
Legal Reasoning
: Mr. Shivendu Pandya, Advocate For State/Respondent : Ms. Priya Sharma, PL _______________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Judgment On Board 13/02/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. The appellants have been preferred the instant appeals questioning the judgment of conviction and order of sentence dated 02.08.2024 (Annexure A-1) passed by the learned Sessions Judge, Raipur, District Raipur (C.G.) in Sessions Case No.212/2019, whereby the appellants convicted and sentenced as under :- Appellant- Mukesh Nayak : Conviction Sentence In Default Under Section 341 of the Indian Penal Code Simple imprisonment (SI) for 01 month and of fine amount Rs.200/- Under Section 294 of the Indian Penal Code Rigorous imprisonment (RI) for 03 months and fine amount of Rs.500/- In default of payment of fine amount, further SI for 07 days In default of payment of fine amount, further RI for 01 month Under Section 506 Part-II of the Rigorous imprisonment (RI) for In default of of payment 3 Indian Penal Code 01 year and fine amount of Rs.500/- fine amount, further RI for 01 month In default of payment of fine amount, further RI for 02 months Rigorous imprisonment (RI) for 05 years and fine amount of Rs.2,000/- Rigorous imprisonment (RI) for 05 years and fine amount of Rs.2,000/- In default of payment of fine amount, further RI for 02 months Under Section 307/34 of the Indian Penal Code (for injury to Rakesh Kumar Singh) Under Section 307/34 of the Indian Penal Code (for injury to Nandan Singh) Appellant- Sangam Nishad: Conviction Sentence In Default Under Section 341 of the Indian Penal Code Simple imprisonment (SI) for 01 month and fine amount of Rs.200/- Under Section 294 of the Indian Penal Code Rigorous imprisonment (RI) for 03 months and fine amount of Rs.500/- Under Section 506 Part-II of the Indian Penal Code Rigorous imprisonment (RI) for 01 year and fine amount of Rs.500/- Under Section 307 of the Indian Penal Code (for injury to Rakesh Kumar Singh) Rigorous imprisonment (RI) for 05 years and fine amount of Rs.2,000/- In default of payment of fine amount, further SI for 07 days In default of payment of fine amount, further RI for 01 month In default of payment of fine amount, further RI for 01 month In default of payment of fine amount, further RI for 02 months 4 Under Section 307 of the Indian Penal Code (for injury to Nandan Singh) Rigorous imprisonment (RI) for 05 years and fine amount of Rs.2,000/- Under Section 25(1-B)(b) of the Arms Act Rigorous imprisonment (RI) for 01 year and fine amount of Rs.500/- In default of of payment fine amount, further RI for 02 months In default of of payment fine amount, further RI for 01 month (All the sentences to run concurrently of the appellants) 3. Case of the prosecution in brief is that on 26.05.2019 at about 07:30 AM, the present appellants have assaulted the victims/injured persons on account of giving side at the time of petrol feeling in the vehicle, by way of sharp edged weapons. On the basis of above report of the complainant, the concerned police registered the FIR against the present appellants/accused. 4. In order to prove the charges against the appellants (accused), prosecution examined as many as 11 witnesses. Statement of appellants were also recorded under Section 313 of CrPC in which they pleaded innocence and false implication. However, no defence witness was examined by the appellants. 5. After appreciation of evidence available on record, learned trial Court has convicted and sentenced the appellants as mentioned in paragraph two of these appeals. Hence, this appeals. 6. Learned counsel appearing for the appellants contended that the 5 learned trial Court has wrongly been convicted the appellants without any sufficient and clinching evidence available on record against the appellants. They further contended that the statement of the witnesses does not support the case of prosecution. The offence against the appellants/accused has not been proved at any corner beyond reasonable doubt. They further contended that the there are material contradictions and omissions in the version of the complainant as well as witnesses. The seizure witnesses have also not supported the case of prosecution. It is further contended that the injured were taken the medical treatment in the hospital and the on perusal of statement of doctor it shows that the injuries sustained to the complainant/injured which is not grievous in nature, but the injuries sustained by the falling on the hard surface. The appellants are in jail since 02.08.2024, therefore, it is prayed that the conviction and sentence against the appellants may be set aside. 7. Per contra, learned counsel appearing for the State/respondent opposes the argument raised by counsel for the appellants and supported the impugned judgment passed by the Court below and submits that impugned order is well merited and has been passed after considering the entire material available on record, therefore, it is not a case to set- aside the impugned order. 8. I have heard learned counsel appearing on behalf of the parties 6 and perused entire evidence adduced by the prosecution and gone through the evidence available on record with utmost circumspection. 9. Injured Nandan Singh (PW-1) has stated in his Court’s statement that on the date of incident, i.e., 26.05.2019, he, Santosh Pandey and Rakesh Singh all three had gone to Pachpedinaka to fill petrol. At the same time, Sangam Nishad and Mukesh Nayak had come to fill petrol in their vehicle Deluxe K. bearing registration No.CG-04-MR-5642. When Sangam and Mukesh asked the petrol pump employee to fill petrol quickly, then he said to come in line. The accused abused him by filthy language and uttered obscene words to get him to fill petrol quickly. When Santosh refused, they started abusing him and they threatened him and went away saying they will see. After the said incident, they were going home, then the accused came in front of them near Sangam Tyre Shop. They made them stop. At that very moment accused Sangam who was dark complexioned and short in height started hitting them with the knife that he was holding in his hand. Rakesh had parked the car and could not get down from the car. Accused Sangam first hit Rakesh on his thigh. When he saw him and started running, he ran after him and hit him on the back with the knife. The knife went inside his body till his lungs due to which blood started oozing from his mouth also. He fell down a little distance away near a petrol pump and became unconscious. 7 10. Santosh Pandey (PW-2) and Rakesh Kumar Singh (PW-3) are supported the statement of Nandan Singh (PW-1). 11. Dr. Santosh Sonkar (PW-7) has deposed that he saw a patient Rakesh Singh, age 27 years, at Rajdhani Hospital Raipur on 26.05.2019. He was said to have suffered a stomach injury from a sharp weapon, whose operation was done by him on the same day, in which both his large intestine and small intestine were injured. After complete treatment after the operation, he was discharged from the hospital on 06.06.2019. His report is Exhibit P-13. 12. Dr. Sachin Kumar Mall has stated in his statement that on 26.05.2019, injured- Rakesh Singh was brought to Rajdhani Super Specialty Hospital, Raipur by his relatives in an injured condition. On preliminary examination of the injured, it was found that his stomach, upper part of left thigh and waist were injured by a sharp weapon. Some part of the intestines had come out due to the injury on the injured's stomach. The injury on the upper part of the left thigh and the right side of the waist was deep and the muscles were also cut and blood was oozing from that injury. He operated and treated the injured in relation to the injuries on the left thigh and waist. Injured- Nandan Singh was admitted for treatment of injuries on 26.05.2019. An application for MLC report of injured Nandan was received from New Rajendra Raipur Police Station. Nandan Singh had a 4 cm x 2 8 cm injury on the right side of his back in the dorsal spine region between the two specular bones. This injury was caused by a sharp pointed object. This injury was of serious nature. His report is Ex.P. 25. 13. Dr. Surendra Kanwar (PW-11) has stated in his statement that on 26.05.2019, the injured Rakesh Singh was brought in an injured state. He found the following injuries on the injured's body - (I) The injured person had two stab wounds on the left side of his stomach which were 4 cm x 2 cm in size and 3 cm x 2 cm in size. His intestines were coming out of his stomach. (ii) The injured person had a stab injury on his left thigh measuring 5 cm x 3 cm x 2 cm. (iii) The injured person had a stab injury on the upper right side of his back measuring 5 cm x 3 cm x 2 cm. He opined that, all the injuries of the victim were caused by hard and sharp objects. The injuries sustained by the victim were of serious nature. The injury in the stomach of the victim caused rupture of his intestine. The injured was operated upon for his injuries. The injured was unfit for a period of 6-8 weeks. 14. Considering the facts and circumstances of the case, submission 9 made by learned counsel for the parties, the impugned judgment passed by the trial Court and other material available on record. 15. The trial Court has convicted and sentenced the appellants on the ground that the evidence adduced by prosecution has established beyond doubt that on the date of incident, in front of Sangam Tyre Shop, Dhamtari Road, Raipur, accused Mukesh Nayak and Sangam Nishad wrongfully obstructed the injured Santosh Pandey, Rakesh and Nandan Singh by stopping them from their way and at that time the accused caused annoyance to the injured by using obscene language. The facts that the accused had formed a common intention to cause hurt to Rakesh Singh and Nandan Singh by assaulting them and in furtherance of this, accused Sangam Nishad tried to murder Rakesh Singh and Nandan Singh by stabbing them with a knife are also proved. 16. The said finding recorded by the trial Court is based upon the evidence available on record which is not perverse nor contrary to the records. Thus, in considered opinion of this Court that the trial Court has rightly convicted and sentenced the appellants for the aforesaid offences. I do not find any illegality and irregularity in the findings recorded by the trial Court with regard to the conviction part. 17. In view of above discussion, this Court comes to the conclusion that the prosecution has succeeded in proving its case beyond all reasonable doubts against the appellants. The conviction and 10 sentence as awarded by the trial Court against the appellants are hereby affirmed/maintained. 18. The present criminal appeal lacks merit and is accordingly dismissed. Sd/- (Arvind Kumar Verma) Judge Vasant