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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Prahlad S/o Shri Siya Ram – Appellant
Versus
State Of Chhattisgarh Through Station House Officer, P.S. Kusumunda – Respondent
JUDGMENT :
Narendra Kumar Vyas, J.
1. The appellants by way of this appeal have challenged the judgment dated 22.03.2005 passed by the Sessions Judge, Korba (CG) in Sessions Trial No. 28/2004 whereby and whereunder, appellants have been convicted and sentenced as under :-
| Conviction u/S. | Sentence RI | Fine | In default of payment of fine | |
|---|---|---|---|---|
| 458 IPC | 2 Years and 6 months | Rs. 1000/- | 4 months RI | |
| 323 IPC with Section 34 IPC | 6 Months | Rs. 500/- | 1 month RI | |
2. Briefly stated, the case of the prosecution is that the victim, Rukmani Bai, is the niece of Rajkumar as well as that of the accused persons Antaram and Prahlad. Rukmani Bai had come to her mother Sukvara Bai at the house of Rajkumar in village Mudali, and she used to do household work at Rajkumar’s house. In the night of 26.05.2004, Rukmani Bai was sleeping in the courtyard of Rajkumar’s house, while her mother Sukhvara Bai and her aunt Pancho Bai were sleeping inside the house. At that time, Rajkumar and his wife were away from the house. At about 2:00 a.m., the accused persons trespassed into the courtyard by scaling the wall and caught hold of Rukmani Bai. They assaulted her by kicking her on the abdomen, and accused Antaram assaulted her with tip of a
The conviction of the accused for house-trespass and causing hurt was upheld due to substantial eyewitness testimony and corroborating medical evidence, despite minor inconsistencies.
The court upheld the conviction under Section 304 Part-II IPC, affirming that related witnesses' testimonies are credible and sufficient for establishing direct involvement in the crime.
The absence of visible external injuries does not preclude conviction for assault under Section 323 RPC.
Child witness – Children cannot be called to court and cited as witnesses unless it is very much essential and there were no other witnesses to prove the facts.
Point of Law - Non-examination of children was fatal to the prosecution case also does not appeal to reason. Children cannot be called to the court and cited as witnesses unless it is very much essen....
Point of Law : Non-examination of children was fatal to the prosecution case also does not appeal to reason. Children cannot be called to the court and cited as witnesses unless it is very much essen....
The judgment emphasizes the importance of clear and unambiguous charges to provide the accused with a precise notice of the accusations, and the need for sufficient and consistent evidence to support....
Conviction upheld under Section 304 Part-II IPC based on credible eyewitness testimony despite minor contradictions; intention to murder not established.
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