IMPORTANT POINT
The testimony of an injured witness is highly reliable, and common intention among co-accused can be inferred from their conduct during the commission of the crime.

JUDGMENT :

This appeal arises out of judgment and order dated 24.01.2024 passed by the Fourth Additional Sessions Judge, Bilaspur, District Bilaspur in S.T. No. 289/2021 convicting the accused/appellant under Section 307/34 IPC and sentencing him to undergo RI for 5 years and to pay fine of Rs. 500/- with default stipulations.

2. Case of the prosecution in brief is that on 06.06.2021, mother of the injured has lodged a report at police station alleging that on that day at about 8.30 p.m. after taking meals, her son went out for a walk and at about 11.30 pm, he came with stab injuries on his stomach and asked her to take him to the hospital. On being asked, he informed that on account of some old dispute, some scuffle took place between Arjun Rajak, Ravi Dheemar and Manish Dheemar and after hurling abuses and threatening to kill, beat him with hands and fists and the present appellant Ravi Dheemar stabbed with knife on his abdomen as a result of which his intestine came out. On the basis of the said information, FIR was registered for the Crime No. 646/2021 under Sections 294,506, 307, 34 IPC. On the basis of memorandum of the present appellant, he was taken into custody. After completion of investigation, charge sheet was filed against the appellants on 28.05.2021. since the co-accused namely Manish Dheewar and Arjun @ Arun Rajak were juvenile, they are being tried before the Juvenile Justice Board.

3. In order to bring home the offence, prosecution has examined as many as 10 witnesses.

4. The trial Court, after appreciation of oral and documentary evidence on record, convicted and sentenced the appellant as above against which the present appeal has been preferred.

5. Contention of the counsel for the appellant is that as there was some old dispute between the injured and the appellant Ravi Dheemar, on the date of incident ie. 06.06.2021, the appellant along with two juvenile in conflict with law, hurled abuses and threatened to kill and thereafter stabbed with knife. He submits that even if the whole prosecution story is found to be true, then also on the available facts and evidence of the case, no offence is made out under Section 307/34 IPC against the appellant. He submits that apart from this, all the witnesses are family members and there are material contradictions in the statement of the witnesses. It is further contended that neither there was intention nor there was any knowledge of the other accused to kill the complainant, as the other accused were not armed with weapons. It is further contended that the injury was not sufficient to cause death and there has been material contradiction and omission in the statement of the witnesses. It is further stated that except the victim, the other witnesses have not supported the case of the prosecution, therefore, the conviction cannot be sustained and conviction under Section 307 of I.P.C. deserves to be set aside.

6. On the other hand, supporting the impugned judgment it has been argued by the State counsel that the appellants have acted in such a manner that they have shared common intention to commit the offence. Thus, the judgment of conviction and order of sentence is based on sound principle of law and hence the judgment impugned does not require any interference.

7. Heard counsel for the parties and perused the material available on record with utmost circumspection.

8. Geeta Talewar (PW-1) mother of the injured has stated that on the date of incident, at about 8-8.30p.m. her son had gone for a walk after taking meals and at about 11.20 p.m. he returned home and informed that he had been stabbed by the appellants and to take him to the hospital. When she asked about the injury sustained by him, he narrated that the accused/appellants have hurled abuses, with an intention to kill, assaulted with hands and fists and stabbed with knife on account of some old dispute. She has lodged the FIR Ex.P-1 at police Station Sarkanda and spot map was prepared vide Ex.P-2.

9. Injured Mano