The High Court of Chhattisgarh recently comprising of a bench of Justice Gautam Chourdiya observed that it stands proved beyond all reasonable doubt that it is the accused/appellants who, quarreled with the complainant, abused him filthily in the name of his caste in public place, assaulted upon him and injured Mohit by club and caused damage to the vehicle of the complainant by assaulting with a club, resulting in loss of Rs.10,000/- (approx.) to the complainant. (Prabhakar Yadav vs State Of Chhattisgarh)
Facts of the case
The present appeal was filed by the appellant under Section 374(2) Cr.P.C., challenging the legality, validity and propriety of the judgment of conviction and order of sentence dated 09.12.2020 passed by the Special Judge in Special Criminal Case under the SC/ST Act No.20/2018, whereby and where under the appellants stand convicted and sentenced as under Section 294 and 427of IPC, Section 323/34 of IPC read with Section 3(2)(v)(a) of SC/ST Act and Section 3(1)(s) of SC/ST Act
Contention of the Parties
Learned counsel for the appellants submitted that the trial Court has not properly appreciated the overall evidence available on record for holding the appellants guilty. He submits that due to previous enmity between the appellants and the complainant, they have been falsely implicated in this case by the complainant party. There are material contradictions and omissions in the statements of the complainant and other witnesses. No cogent evidence is available on record against the appellants. Therefore, the impugned judgment of conviction and order of sentence deserves to be set aside and the appellants be acquitted of the aforesaid charges.
Learned counsel for the State submitted that conviction and sentence of the accused/appellants are strictly in accordance with law and there is no illegality or infirmity in the same warranting interference by this Court.
Courts Observation and Judgment
The Court dismissing the appeal remarked, “considering the facts and circumstances of the case and the manner in which the offence took place as stated by the complainant- Rishi which is duly corroborated by the evidence of the witnesses; the prompt FIR; the medical reports proved by treating doctor and further considering the fact that there is no major contradiction or omission in the complainant’s statement as well as in the statements of supporting witnesses affecting the credibility of his version, no any evidence was adduced by the defence to prove false implication of the appellants, the entire evidence available on record, oral and documentary, adduced by the prosecution, the nature of injuries suffered by the complainant and injured Mohit Gupta and proved by the prosecution, it stands proved beyond all reasonable doubt that it is the accused/appellants who on 11 26.02.2018, quarreled with the complainant, abused him filthily in the name of his caste in public place, assaulted upon him and injured Mohit by club and caused damage to the vehicle (motorcycle) of the complainant by assaulting with a club, resulting in loss of Rs.10,000/- (approx.) to the complainant”.
Furthermore, the Court said, “The trial Court was fully justified in convicting and sentencing the appellants by the impugned judgment and as such no interference is called for by this Court”.
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