Order on Board

14.02.2023

1. The applicants have filed the instant criminal revision under Section 397 read with Section 401 of Cr.P.C. against the judgment dated 28.01.2014 passed by the IInd Additional Sessions Judge, Sakti, District Janjgir-Champa (C.G.) in Criminal Appeal No. 49/2013 whereby the judgment of conviction and order of sentence awarded to one co-accused namely Kheer Bai @ Bhairi Bai has been set aside and she has been acquitted of the charges levelled against her, and affirming the judgment of conviction and order of sentence dated 30.01.2013 against the present applicants recorded by the learned Judicial Magistrate First Class, Jaijaipur, District Janjgir-Champa (C.G.) in Criminal Case. No. 786/2007 wherein the present applicants have been convicted for commission of offence punishable under Section 326/34 for voluntarily causing grievous hurt to Panchkunwar and sentenced to undergo R.I. for two years & fine of Rs.300/- each, in default, further R.I. for two months; under Section 324/34 for voluntarily causing hurt to Budhuram (PW-4) and sentenced to undergo R.I. for one year & fine of Rs.300/- each, in default, further R.I. for two months and under Section 324/34 for voluntarily causing hurt to Barat Bai (PW-3) and sentenced to undergo R.I. for one year & fine of Rs.300/- each, in default, further R.I. for two months. It is also directed that all the sentences shall run concurrently.

2. Case of the prosecution is that on the date of incident i.e. on 27.03.2003, the present applicants along with co-accused Kheer Bai, assaulted PW-3 Barat Bai, PW-4 Budhuram and Panchkunwar Bai (not examined before the trial Court) by means of wooden club and axe. On the instance of applicant No. 1, axe was seized vide Ex.-P/2 and on the instance of co-accused Kheer Bai, wooden club was seized vide Ex.-P/3. Injured witnesses were medically examined by PW-6 Dr. Ashutosh Mishra vide Ex.-P/6, Ex.-P/7 & Ex.-P/8. There was fracture of metacarpal bone of right hand of injured Panchkunwar Bai, whereas injury sustained by other injured persons were simple in nature. The Investigating Officer recorded the statement of the witnesses and after completion of investigation, charge-sheet was filed by the police.

3. The learned trial Court framed charge under Sections 294, 506B, 324/34 &

326/34 of IPC against the accused persons. The applicants abjured the charges and pleaded non-guilty. The prosecution examined 06 witnesses and exhibited 11 documents in support of the prosecution case, whereas the applicants/accused persons examined three defence witnesses as DW-1, DW-2 & DW-3. Statement of the applicants under Section 313 of Cr.P.C. was also recorded by the learned trial Court. The trial Court after appreciation of oral and documentary evidence, convicted and sentenced the applicants/accused persons for the offence as mentioned in the opening paragraph of this order.

4. The applicants preferred an appeal before the Sessions Court and the learned Sessions Court while acquitting co-accused namely Kheer Bai @ Bhairi Bai (A-3) of charges, affirmed the conviction and sentence against the applicants Shri Ram Yadav and Puranlal @ Kondo herein, against which the present applicants have preferred the instant criminal revision against the judgment dated 28.01.2014 passed by the IInd Additional Sessions Judge, Sakti, District Janjgir-Champa (C.G.).

5. Learned counsel for the applicants would submit that the injuries sustained by injured persons namely Barat Bai (PW-3) and Budhuram (PW-4) were simple in nature. He would further submit that there was fracture injury sustained by injured - Panchkunwar Bai, but she has not been examined before the trial Court. He would further submit that maximum sentence imposed upon the present applicant is of two years and they have already remained in jail for a period of one month. He would also submit that offence punishable under Section 326/34 of IPC is not made out as the injured witness Panchkunwar Bai has not been ex