Badri Narayan Shori vs State Of Chhattisgarh
2021 Latest Caselaw 657 Chatt

                                                                            NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRA No. 1508 of 2016

   • Badri Narayan Shori, S/o Bhagwan Singh Sori, Aged About 45 Years, R/o
     Village Mogragahan, Police Station- Arjuni, District- Dhamtari,
     Chhattisgarh.

                                                                     ---- Appellant

                                      Versus

   • State of Chhattisgarh, Through- Police Station- Sezbahar, District Raipur,
     Chhattisgarh.

                                                                 ---- Respondent

For Appellant                  :             None.
For Respondent/State           :             Mr. Sushil Sahu, P.L.



                Hon'ble Shri Justice Arvind Singh Chandel

                             Judgment on Board
28/06/2021

1. By the impugned judgment dated 10/08/2016 passed in S.C. No.

166/2015 by the learned Second Additional Sessions Judge, Raipur

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

under Section 326 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, on 22.04.2015, due to some hot

talk took place between the Appellant and the complainant, on the

very next day i.e. 23.04.2015, the Appellant assaulted the

complainant namely Rajendra by paper cutting blade, due to which complainant sustained injuries, 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, Raipur District Raipur (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 13.07.2019.

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 namely Rajendra Yadav

(PW-2) 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 paper

cutting blade due to that he sustained injuries on his chest, neck, ears and fingers. His right hand's two fingers got imputed. 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 Jitendra Singh (PW-6) and Rajesh Singh (PW-

7). 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 learned 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/shubham