Ashok Singh @ Lalu vs State Of Chhattisgarh
2021 Latest Caselaw 938 Chatt

                                                                            NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRA No. 611 of 2016

   • Ashok Singh @ Lalu, S/o Mohan Singh, Aged about 31 years, R/o In
     Front of Vaishnav Temple, Beside Canal, Present Address - Railway
     Colony, In Front of Station, Quarter No. 11/1, Korba, Police Station-
     Kotwali, Civil and Revenue District - Korba (C.G.).

                                                                     ---- Appellant

                                      Versus

   • State of Chhattisgarh Through - Station House Officer, Police Station -
     Kotwali, District- Korba (C.G.).

                                                              ---- Respondent

For Appellant                  :            None.
For Respondent/State           :            Mr. Akash Pandey, P.L.



                Hon'ble Shri Justice Arvind Singh Chandel

                             Judgment on Board
07/07/2021

1. By the impugned judgment dated 22.03.2016 passed in Sessions

Case No. 87/2015 by the learned Sessions Judge, Korba, District-

Korba (C.G.), the Appellant has been convicted for the offence

punishable under Section 307 of the Indian Penal Code and

sentenced to undergo rigorous imprisonment for 5 years, and to pay

fine of Rs. 5,000/- with default stipulation.

2. According to the case of prosecution, complainant namely Pawandas

Manikpuri (PW-5) used to run a rickshaw for livelihood. On

13.07.2015 complainant Pawandas Manikpuri was going towards the

Shani Temple after dropped his customer to T.P. Nagar Bus Stand, Korba. It is alleged that when Pawandas Manikpuri reached near

liquor shop, the Appellant met him and asked him to go to railway

station. It is alleged that complainant Pawandas Manikpuri refused to

drop the Appellant. On refusal, the Appellant started abusing him in

filthy language and thereafter assaulted him by razor. Complainant

Pawandas Manikpuri received injuries on his chin, neck and near

head. Hearing the voice of Pawandas Manikpuri his son Sukhdas

came there and took his father to his house. On the basis of said

background, offence has been registered against the Appellant. Later

on statement of the witnesses recorded under Section 161 of Cr.P.C.

After completion of investigation, charge-sheet has been filed. Trial

Court has framed the charges. To prove the guilt of the Appellant, the

prosecution has examined as many as 9 witnesses. No defense

witness has been examined. Statement of the Appellant under

Section 313 of the Cr.P.C. was recorded, wherein he has pleaded his

innocence and false implication in the matter.

3. After trial, the Trial Court has convicted and sentenced the Appellant

as mentioned in paragraph one of this judgment. Hence, this appeal.

4. A certificate of incarceration sent by the Jail Superintendent, Central

Jail, Bilaspur District Bilaspur (C.G.) would mention that the Appellant

has undergone the entire jail sentence imposed upon him by the Trial

Court and already released from jail on 29.01.2020.

5. Since no one appears for the Appellant today, I decide this appeal on

merits.

6. I have heard Learned Counsel appearing for the State and perused the record to assess the correctness of the impugned judgment of

conviction. I have also gone through the statements of the witnesses.

7. In the Court statement of complainant/victim Pawandas Manikpuri

(PW-5), he has supported the entire case of prosecution and deposed

according to the case of prosecution. He categorically stated that at

the time of incident, the Appellant assaulted him with the help of razor

due to which he sustained three injuries on his chin, neck and near

head. This witness remain firmed during his cross-examination. There

is nothing on record on the basis of which his statement can be

disbelieved. His statement is duly corroborated by other witnesses and

also corroborated with the medical evidence. From the medical

evidence also it is well established that victim sustained injuries on his

body and it were caused by sharp object.

8. Looking to the entire case of prosecution there is sufficient evidence

available on record against the Appellant and the crime has duly

proved against him. Thus, the Trial Court has rightly convicted the

Appellant.

9. Consequently, the appeal has no merit and the same is liable to be

and is hereby dismissed.

Sd/-

(Arvind Singh Chandel) Judge

Vasant