Specific charges must be framed in criminal proceedings; vague charges can prejudice the accused, leading to unsustainable convictions.

JUDGMENT :

Deepak Kumar Tiwari, J.

1. Invoking criminal appellate jurisdiction of this Court under Section 374(2) of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’), the present criminal appeal has been preferred by the appellant, calling in question the legality, validity and correctness of the judgment dated 17.3.2005 passed by the Additional Sessions Judge, Janjgir, Sessions Division, Bilaspur (CG) in Sessions Case No.171/2004, by which, the appellant has been convicted and sentenced as under :-

2. Case of the prosecution, in brief, is that on 7.1.2004, Tirtharam (PW-10) provided information at Police Station Janjgir at about 4:30 p.m., which was recorded in Daily Diary No.374/2004, stating that near his house, co-accused Bundram had a quarrel with Balaram Kashyap (PW-6). Thereafter, he reached the spot to pacify the dispute between the parties, where the present appellant, who was in possession of a knife, assaulted Balaram on his head. The said incident was witnessed by Phool Bai (PW-9) and others. Subsequently, Roznamcha Sana (Ex.P/11-A) was recorded.

3. It is further the case of the prosecution that while victim -Balaram was at his home having lunch at about 3:15 p.m., his sister, Phool Bai, informed him that co-accused Ramdulari was abusing him in filthy language. When Balaram reached the spot with the intention of stopping her, the present appellant, along with seven other co-accused persons, began assaulting him, and the present appellant assaulted him on the head with a knife. One juvenile (R) also assaulted him by means of knife on his abdomen. In the said incident, Tirtharam (PW-10) also sustained a head injury. He was medically examined by Dr. R.D. Gupta (PW-12) vide Ex. P/13, who found two lacerated wounds — one in the left parietal region measuring 2cm x 0.5 cm x 0.5 cm, and another in the left occipital region measuring 2 cm × 0.5 cm x 0.5 cm, both of which were opined to be simple in nature. The juvenile in conflict with law was also medically examined vide Ex. P/14. The appellant sustained injuries as well and was medically examined vide Ex. P/15. Further, injured Balaram was medically examined by Dr. Arvind Dwivedi (PW-5), who gave his report vide Ex. P/4, wherein he opined that Balaram had sustained an incised wound on the left parietal region measuring 5 cm × 0.75 cm × bone deep, and a stab wound measuring 2.5 cm × 0.75 cm × full thickness of the anterior abdominal wall. After receipt of the medical examination report, an FIR (Ex.P/10) was registered under Section 307 of the IPC against eight accused persons. In response to a query (Ex. P/7), Dr. Arvind Dwivedi (PW-5) opined that if the stab injury sustained by victim Balaram on his abdomen had not been treated, it would have resulted in his death. The Bed Head Ticket of Balaram (Ex.P/5) was obtained. He was admitted to the District Hospital, Janjgir, on 07.01.2004 and discharged on 24.01.2004. Pursuant to the memorandum of the present appellant, a knife was seized vide Ex.P/2.

4. The statements of the witnesses were recorded. After completion of the investigation, the charge sheet was filed, and the present appellant along with other co-accused perso