SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Chh) 442

SANJAY K. AGRAWAL, DEEPAK KUMAR TIWARI
Tihar Say @ Guddu S/o Kalapnath – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Samir Singh.
For the Respondents: Animesh Tiwari, Sudeep Verma, Aditi Singhvi.

Judgement Key Points

Based on the provided legal document, here are the key points:

  • The High Court of Chhattisgarh allowed the criminal appeal partly, setting aside the conviction under Section 302 of the IPC (Murder) but maintaining the conviction under Section 307 of the IPC (Attempt to Murder) [Result].
  • The Court held that the death of the deceased (Budhram) could not be proved to be of homicidal nature because the postmortem report, which stated the death was homicidal, was not substantiated by the examination of the doctor who conducted it (!) (!) .
  • The Court ruled that a postmortem report is not substantive evidence in itself; it is merely the previous statement of the doctor, and the doctor must be examined in court for the report to be used as evidence (!) (!) (!) (!) .
  • The procedure under Section 294 of the CrPC for admitting documents was not correctly followed, as the trial court relied on an alleged admission by counsel without properly summoning and examining the medical witness (!) (!) .
  • The oral dying declaration given by the deceased to a neighbor (Patango) was rejected as it was not trustworthy; the investigating officer stated the deceased was unconscious and hospitalized for nine days, making it impossible for him to make a declaration (!) (!) (!) .
  • The recovery of the weapon (iron axe) was not properly proved, as the witnesses who signed the memorandum of seizure did not support the case, and the weapon was not sent for forensic examination to establish the presence of blood or a connection to the injuries (!) (!) .
  • However, the Court found the conviction under Section 307 (Attempt to Murder) well-merited based on the consistent statement of the injured wife (Jhunni Bai), who remained hospitalized for two months and could testify (!) .

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This criminal appeal under Section 374(2) of the Cr.P.C. preferred by the appellant is directed against the impugned judgment dated 29-9-2015, by which the appellant has been convicted under Sections 302 and 307 of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs. 500/- in default of payment of fine to further undergo simple imprisonment for one year and to undergo rigorous imprisonment for five years and pay a fine of Rs. 500/- in default of payment of fine to further undergo simple imprisonment for one month, respectively.

2. Case of the prosecution, in brief, is that on 22-8-2013, at about 10-11 p.m. at Village Hansdand, Khutenpara, under Police Station Lakhanpur, District Surguja, the appellant entered into the house of Budhram (since deceased) and firstly assaulted Jhunni Bai, wife of Budhram, by iron axe by which she suffered injuries which were sufficient to cause death and thereafter, caused the murder of Budhram and thereby committed the offence. Further case of the prosecution, in brief, is that on the fateful day, the deceased and his wife were lying in front of their house as their two sons had not returned hom

                    Click Here to Read the rest of this document
                    1
                    2
                    3
                    4
                    5
                    6
                    7
                    8
                    9
                    10
                    11
                    SupremeToday Portrait Ad
                    supreme today icon
                    logo-black

                    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                    Please visit our Training & Support
                    Center or Contact Us for assistance

                    qr

                    Scan Me!

                    India’s Legal research and Law Firm App, Download now!

                    For Daily Legal Updates, Join us on :

                    whatsapp-icon telegram-icon
                    whatsapp-icon Back to top