Korba, Chhattisgarh v. State of Chhattisgarh Through Station House Officer, Police Station
Case Details
1 CRA No.1723/2024 2025:CGHC:41073-DB NAFR AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.08.19 18:02:17 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1723 of 2024 1 - Mahesh Chutail S/o Bachchu Chutail Aged About 36 Years R/o Darri, Fertilizer Basti, Nagoikhan, District- Korba, Chhattisgarh. 2 - Bachchu Chutail S/o Bhaiyalal Chutail Aged About 60 Years R/o Darri, Fertilizer Basti, Nagoikhan, District- Korba, Chhattisgarh. 3 - Chandrakesh S/o Bachchu Chutail Aged About 30 Years R/o Darri, Fertilizer Basti, Nagoikhan, District- Korba, Chhattisgarh. ... Appellants versus State of Chhattisgarh Through Station House Officer, Police Station- Darri, District- Korba, Chhattisgarh. ... Respondent ---------------------------------------------------------------------------------------- For Appellants : Mr. Dharmesh Shrivastava, Advocates For Respondent-State : Mr. S.S. Baghel, Dy.G.A. -----------------------------------------------------------------------------------------
Legal Reasoning
Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Bibhu Datta Guru, Judge 14.08.2025 1. This criminal appeal filed by the appellants-accused under Section 415(2) of B.N.S.S. is directed against the impugned judgment of conviction and order of sentence dated 03/08/2024, passed by the learned 1st Additional Sessions Judge, Katghora, 2 CRA No.1723/2024 District: Korba (C.G.) in Sessions Case No. 27/2019, whereby the appellants-accused have been convicted and sentenced as under:- Conviction Sentence Under Section 302 r/w Section 34 of the IPC Under Section 506 Part-II of the IPC Under Section 294 of the IPC Life imprisonment & fine of Rs.3000/-, in default, additional R.I. for 6 months each R.I. for 2 years each R.I. for 3 months each All the sentences are directed to run concurrently. 2. Facts of the case, in brief, is that that the complainant, Ajay Mahato (PW-1), lodged an FIR at Police Station Darri on 24.12.2018 at 19:45 hours, stating that he resides in Fertilizer Basti, Darri, and works as a labourer. On the fateful day, at about 4:00 p.m., while he was at home, his neighbour Arti came and informed that someone was dragging and assaulting his father. He immediately went to the spot and saw that his father, Dinesh Mahato/deceased, was being dragged in front of the house of Mahesh Chutail/A-1. The appellants were abusing, assaulting and threatening to kill him. The complainant rescued his father and was taking him home, then Mahesh/A-1 came out of his house with a trident used for worship and stabbed his father in the abdomen and fled from the spot. Thereafter, the deceased was taken to hospital by auto-rickshaw for treatment and during the treatment, he died. The dead-body of deceased was sent for 3 CRA No.1723/2024 postmortem examination and in the postmortem examination report (Ex.P/35), Dr. N.K. Kumram (PW-17) opined that the cause of death was complication of stab wound over abdomen. During investigation, spot map was prepared vide Ex.P-4. Merg was registered vide Ex.P-20. Appellants were arrested vide Ex.P-28 to P-30. Memorandum statement of A-1 was recorded vide Ex.P-7. After completing the investigation, the final report was prepared. 3. The prosecution in order to prove its case examined as many as 17 witnesses and exhibited 35 documents. Statement of the appellants under Section 313 of Cr.P.C. were recorded wherein they have pleaded their innocence and false implication in the matter. They have examined three defence witnesses. 4. The learned trial Court after appreciating the oral and documentary evidence available on record proceeded to convict the appellants herein for the aforementioned offence and sentenced them as mentioned herein-above against which this appeal has been preferred by the appellants-accused herein questioning the impugned judgment of conviction and order of sentence. 5. Learned counsel for the appellants would submit that the appellants have been falsely implicated in the present case. Memorandum and seizure witnesses have turned hostile. As per the query report, no blood stain was found on the seized trident and the same was not sent for FSL examination. He would 4 CRA No.1723/2024 submit that A-2 and A-3 have been granted bail by this Court on the ground that they have not played active role in the crime in question and the entire allegation is against A-1. The testimony of prosecution witnesses could not be relied upon in the facts and circumstances of the present case. Moreover, the prosecution has failed to prove necessary ingredients of the offences beyond all reasonable doubt against the appellants. Hence, looking to the entire evidence adduced by the prosecution, the alleged offence is not made out against the appellants and they have been falsely implicated in the present case. As such, the criminal appeal deserves to be allowed and the impugned judgment deserves to be set aside. 6. Per-contra, learned State counsel supported the impugned judgment of conviction and order of sentence and submits that the prosecution has proved the offence beyond reasonable doubt by leading evidence of clinching nature. The learned trial Court has rightly convicted the appellants for the aforesaid offence, thus, the present appeal deserves to be dismissed. 7. We have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 8. As per the postmortem report (Ex.P/35), which is duly proved by the evidence of Dr. N.K. Kumran (PW-17), the cause of death of deceased was complication of stab wound over abdomen and 5 CRA No.1723/2024 found the following injuries:- “a total of eight external injuries were found on the body of the deceased. Injury No. 1 was a surgically inflicted wound during treatment, located in the middle of the abdomen, measuring 20 cm × 2 cm. This wound had developed infection after surgery, resulting in pus formation and dehiscence of the wound. Injury No. 2 was an open wound situated in the right epigastric region, circular in shape, measuring 2 × 1 cm and muscle deep, which also contained yellow pus. Injury No. 3 consisted of drainage wounds given during treatment, two on the right side of the abdomen and three on the left side, each measuring 1 cm × 1 cm and cavity deep. Injury No. 4 was a stab wound located 2 cm below the umbilicus in the midline, measuring 3 cm × 1 cm and cavity deep. This wound also contained yellow pus which was oozing out. Both angles of the wound were acute, with clean-cut margins and inflammation. Stitch marks were present around this wound, which had become connected with Injury No. 1. Injury No. 5 was the result of injections administered during treatment, one present on the front of the right elbow and another in the right supraclavicular region. Additionally, a vertically placed linear abrasion was 6 CRA No.1723/2024 found on the lower half of the right arm, measuring 10 cm × 0.5 cm, with brown scab formation. The said above injuries were caused by hard and sharp object. 9. The question would be whether the accused-appellants herein are the author of the crime in question ? 10. PW-1 Ajay Mahto, complainant, son of deceased, stated in his evidence that the incident took place on 24.12.2018 at about 12:00 noon near the house of the accused persons in Fertilizer Basti. The appellants were assaulting his father, Dinesh Mahato. He was informed by Arti that his father was being beaten by all three appellants, upon which he went to the spot and saw them assaulting his father. Thereafter, he rescued his father and while taking him away, in a narrow road, A-1 came from behind and attacked on the chest of his father with a trident. It has also come on record that at about 12:00 noon there was a quarrel between the appellants and his father/deceased. 11. PW-3 Smt. Seeta Mahto, who is wife of deceased, stated in her evidence that on the date of the incident, a Chhathi ceremony was being held at the house of the accused. The distance between her house and that of the accused is about 40–50 meters. While she was sitting outside her house near the door, A-2 came to her door and called her husband, Dinesh, who then went to the house of A- 7 CRA No.1723/2024 2. There, the accused persons served him food and liquor and thereafter started assaulting him with hands and fists. At that time, Arti came weeping and informed her that the appellants were assaulting her uncle Dinesh/deceased with hands and fists and abused in filthy language. She then asked her son Ajay to go to his father. Thereafter, Ajay went to the house of A-2. She further deposed that her son Ajay later returned home weeping and informed her that the accused persons had assaulted Dinesh/ deceased and thereafter fled from the spot. She then went to the place of occurrence and saw her husband, Dinesh, bleeding from the abdomen. 12. Smt. Gudiya Valmiki (PW-7), sister of the deceased Dinesh Mahato, deposed in her evidence that when she had come to her parental home at Fertilizer Basti, she saw that her brother Dinesh was quarreling with A-1. During the quarrel, her brother picked up a stone and threw it, which accidentally struck the sister of Mahesh. Thereafter, when her brother was returning home, A-1 attacked him with a trident, which she personally witnessed. When Article-A (the weapon) was shown to the witness, she confirmed that it was with a similar trident that A-1 had assaulted her brother Dinesh. In her cross-examination, she admitted that she had accompanied her brother Dinesh in an auto-rickshaw to the hospital for treatment. She categorically stated that she had seen the incident. 8 CRA No.1723/2024 13. In the dying declaration (Ex. P-22), the deceased categorically stated that on the date of incident, a family function was being held at the house of A-1. During the course of the function, an altercation took place between A-1 and one Sunil. When the deceased intervened in the matter, A-1 along with A-2 and A-3 assaulted him, and subsequently A-1 strucked a trident on his abdominal region. 14. From bare perusal, looking to the statement of eyewitnesses Ajay Mahato (PW-1), Gudiya Balmiki (PW-7); and the dying declaration of deceased/Dinesh Mahato (Ex.P-22), evidence of Dr. N.K. Kumram (PW-17), the prosecution has succeeded in proving the case beyond doubt against the appellants that the appellants assaulted Dinesh Mahato/deceased and abused in filthy language in furtherance of common intention and A-1 in furtherance of his common intention of causing death, assaulted the deceased by means of trident on his abdominal part of body. As such, the finding recorded by the trial Court that the appellants have assaulted the deceased, due to which, the deceased died during treatment, is based on evidence available on record and accordingly we hereby affirm the finding recorded by the learned trial Court that the appellants-accused are the author of the crime in question. 15. In view of foregoing discussion, we are the of the considered 9 CRA No.1723/2024 opinion that the learned trial Court has rightly convicted the appellants for offence mentioned in para 1 of this judgment. 16. The appellants are stated to be in jail and they shall serve out the remaining period of jail sentence as awarded to them by the learned trial Court. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellants are undergoing the jail sentence to serve the same on the appellants informing them that they are at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon'ble Supreme Court with the assistance of High Court Legal Services Committee or the Supreme Court Legal Services Committee. 17. Accordingly, this appeal is dismissed. 18. Let a certified copy of this judgment along with the original record be transmitted forthwith to the trial Court for information and necessary action. SD/- SD/- (Bibhu Datta Guru) Judge Chief Justice (Ramesh Sinha) Gowri/ Amardeep