NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No. 556 of 2017 {Arising out of judgment dated 28-03-2017 passed in Sessions Trial No.

R-22/2016 by the learned Additional Sessions Judge, Ramanujganj}

Roopchand Singh Dhurve, S/o. Ramsay Dhurve, Aged About 38 Years, Permanent Resident Of Village Badkagaon, Police Station Chalgali, District Balrampur- Ramanujganj, Chhattisgarh. At Present R/o. Ward No. 7, Kurthidand, Police Chowki- Wadrafnagar, Police Station- Basantpur, Distt. Balrampur-Ramanujganj, Chhattisgarh.

---Appellant Versus State Of Chhattisgarh, Through Police Station-Basantpur, Distt. Balrampur-Ramanujganj, Chhattisgarh.

---Respondent (Cause Title taken from Case Information System)

For Appellant : Mr. Arvind Sinha, Advocate For Respondent : Mr. Ankur Kashyap, Dy.Govt. Advocate (Division Bench)

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board (12.02.2024)

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the appellant under Section 374(2) of Cr.P.C. is directed against the impugned judgment dated 28.03.2017, passed by the Additional Sessions Judge, Ramanujganj, in Sessions Trial No. R- 22/2016, by which, the appellant herein has been convicted for the offence under Section 302 of Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.25,000/-, in default of payment of fine, 1 year additional rigorous imprisonment.

2. Case of the prosecution, in short, is that on 13.12.2015, at about 8:00 p.m., at Ward No.7 Wadrafnagar, Police Station- Basantpur, District Balrampur-Ramanujganj, the appellant herein, at his residence, has assaulted Animesh Kumar (now deceased) by crowbar, by which, he suffered grievous injuries and died. The matter was reported to the police, pursuant to which, merg intimation was registered vide Ex.P-1, FIR was registered vide Ex.P-2, inquest was conducted vide Ex.P-4 and dead body of deceased Animesh Kumar was subjected to post-mortem, which was conducted by Dr. R.B.Prajapati (PW-12), who proved the post-mortem report vide Ex.P-14, in which, cause of death was stated to be coma due to head & brain injury and death was homicidal in nature. Pursuant to memorandum statement of the appellant Ex.P-12, crowbar has been seized vide Ex.P-13, but there is no FSL report brought on record. After due investigation, the appellant was charge-sheeted for the aforesaid offence before the jurisdictional criminal court and the case was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which the appellant abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.

3. In order to bring home the offence, prosecution examined as many as 14 witnesses and exhibited 20 documents and the appellant-accused in support of his defence has not examined any witness but has exhibited the document Ex.D-1.

4. The trial Court, after appreciation of oral and documentary evidence on record, convicted the appellant herein for the offence under Sections 302 of Indian Penal Code and sentenced him to undergo life imprisonment, against which the present appeal has been preferred.

5. Mr. Arvind Sinha, learned counsel for the appellant, would submit that on the basis of the statement under Section 161 Cr.P.C. relying upon the decision of the Supreme Court in the matter of Bhagwan Dass v. State (N.C.T.) of Delhi¹, the appellant has been convicted, whereas on the basis of the statement under Section 161 Cr.P.C., the appellant could not have been convicted, as such, the impugned judgment is liable to be set aside and the appeal deserves to be allowed.

1 AIR 2011 SC 1863

6. Mr. Ankur Kashyap, learned State counsel, would support the impugned judgment and submit that the prosecution has been able to bring home the offence beyond reasonable doubt and learned trial Court has rightly convicted the appellant herein for the aforesaid offence and therefore, the appea