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2024 Supreme(Online)(CHH) 13170
HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Amitendra Kishore Prasad, J
Ashwani @ Golu Dhuri S/o Late Shri Ramcharan Dhuri – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 342 of 2022
For Appellant :Mr. Nishi Kant Sinha, Advocate
For Respondent:Mr.Sanghrash Pandey, Government Advocate
The testimony of an injured eyewitness is crucial and carries significant weight in establishing guilt, especially when corroborated by medical evidence.
Headnote:(A) Criminal Procedure Code, 1973 - Section 374(2) - Indian Penal Code, 1860 - Sections 302, 307, 450 - Conviction for murder and attempted murder - The appellant was convicted for the murder of two individuals and attempted murder of another, with sentences running concurrently. The prosecution established the case through the testimony of an injured eyewitness and corroborative evidence. (Paras 1, 7, 22)
(B) Eyewitness Testimony - The testimony of an injured eyewitness carries significant weight and should not be dismissed lightly, even if the witness is related to the deceased. The court emphasized the need for careful scrutiny of such testimonies. (Paras 14, 16)
Facts of the case:
The appellant was accused of murdering his in-laws and attempting to murder his estranged wife. The incident occurred on 08.10.2018, where the appellant entered the victims' home and attacked them with sharp weapons, resulting in their deaths and injuries to the wife. (Paras 2, 3)
Findings of Court:
The court affirmed the trial court's finding that the deaths were homicidal, based on medical evidence and the eyewitness account. The evidence presented was sufficient to uphold the conviction. (Paras 11, 22)
Issues: The main issues included the nature of the deaths (homicidal) and the credibility of the eyewitness testimony. (Paras 11, 12)
Ratio Decidendi: The court held that the prosecution proved its case beyond reasonable doubt, relying heavily on the testimony of the injured eyewitness and corroborative evidence, thereby justifying the conviction. (Paras 22, 23)
Result: The appeal was dismissed, and the conviction and sentence were upheld.
Judgment on Board
Per Ramesh Sinha , Chief Justice
1. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 17.11.2021 passed by the Fifth Additional Sessions Judge, Bilaspur in Sessions Case No.29/2019, by which the appellant herein has been convicted for offence under Sections 307, 450, 302 and 302 of the IPC and sentenced to undergo RI for 10 years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for 100 days, RI for 7 years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for 100 days, imprisonment for life and fine of Rs.2000/-, in default of payment of fine, to further undergo RI for 200 days and imprisonment for life and fine of Rs.2000/-, in default of payment of fine, to further undergo RI for 200 days. All the sentences were directly to run concurrently.
2. Case of the prosecution, in brief, is that on 08.10.2018 at around 11 P.M. in village Khapri, Police Station Takhatpur, District Bilaspur the accused under the jurisdiction of deceased Siyaram Dhuri and Shakun Bai Dhuri entered the house with an intention to kill Siyaram Dhuri and Shakun Bai Dhuri and caused criminal house trespass. The accused killed Siyaram Dhuri and Shakun Bai Dhuri by hitting with a spade and gandasa as well as injured Uma Dhuri by hitting an iron pot and a spade inflicting such serious injuries for causing death. Complainant Shiv Kumar’s sister was married with accused Ashwani @ Golu Dhuri. After the marriage, the accused started harassing the complainant’s sister. Uma Dhuri leaves the house of the accused and started living with her parent along with her son in village Khapri. The appellant was angry with the parents of the complainant on this issue. During social divorce meeting, the appellant quarreled and assaulted Uma Dhuri and threatened to convince her to come to him or else he would kill her. As Uma Dhuri did not go to the accused, the accused out of enmity, was waiting to kill her and on the date of incident i.e. 08.10.2018 at about 1 P.M. he reached village Khapri, entered the house of Siyaram Dhuri and assaulted the complainant’s parents Shakun Bai and Siyaram Dhuri with sharp weapons “gandasa and spade” and killed them. The appellant assaulted the complainant’s sister Uma Dhuri with sharp weapon “gandasa and spade” and inflicted serious injuries on her, due to which Uma Dhuri became unconscious. The complainant was informed about the incident by his material uncle Sunder over phone and when he reached village Khapri, the complainant’s parents had already died and Uma Dhuri had been taken to the hospital.
3. On the registration of separate-separate merg intimation by complainant Shiv Kumar Dhuri regarding death of his parents, on 09.10.2018 Sub-Inspector Rakesh Sahu recorded merg intimation No.73/2018 & 74/2018 and registered the First Information Report under Sections 302, 307 and 450 of the IPC against the appellant in Crime No.395/2018.
4. During investigation, the investigating officer Sharad Kumar Chandra (PW-13) went to the site of the incident and map and panchayatnama were prepared in presence of the witnesses by giving notice to the witnesses regarding panchnama proceeding under Section 175 CrPC. Injured Uma Dhuri was sent for MLC to Community Health Center, Takhatpur where Dr.Divya Agrawal (PW-3) examined her vide Ex.P-4 and found following injuries:-
(i) Lacerated wound measuring 10 x 3 cm over left side jaw.
(ii) lacerated wound measuring 5 x 2 cm over left side cheek.
(iii) Lacerated wound measuring 7 x 4 cm over left hand.
(iv) Lacerated wound measuring 3 x 1 cm over right side chest.
(v) Lacerated wound measuring 5 x 3 cm over right hand. (vi) Lacerated wound measuring 3 x 3 cm over right forearm.
(vii) Lacerated wound measuring 5 x 3 cm over right hand.
(viii) Lacerated wound measuring 3 x 3 cm over occipital area of handover.
(ix) Lacerated wound 3 x 3 cm over left arm.
The doctor referred her t
