NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1159 of 2002

1. Lok Nath Sahu S/o Kanakram Sahu aged about 38 years. 2. Kanti Bai W/o Loknath Sahu aged 35 years, R/o Village –

Marda P.S. Khasdol, District – Raipur, Chhattisgarh.

---- Appellants Versus  State of Chhattisgarh, Through : Police Station Kasdol, District – Raipur, Chhattisgarh.

---- Respondent For Appellants : Mr. Anurag Agrawal, Advocate. For Respondent/State : Ms. Sunita Manikpuri, Dy. G.A.

Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (08.07.2024)

1. The present appeal arises out of the impugned judgment of conviction and order of sentence dated 25.10.2002 passed by the learned 2^nd Additional Sessions Judge, Baloda Bazar, District - Raipur (C.G.), in Sessions Trial No. 417/2001 whereby the appellants have been convicted and sentenced as under with a direction to run both the sentences concurrently:

2. The case of the prosecution, in brief, is that complainant Mahajan Prasad Sahu (PW-6) had made a drain near the wall of the house of accused Loknath to take out the water from his Kolabadi and on the date of incident i.e. 09.07.2001, due to heavy rains, he was taking out the water from the drain. At the same time, at about 7:30, the accused Loknath Sahu came in front of his house armed with sticks, Moolchand (juvenile) armed with a spade and Kantibai armed with sticks and started quarrelling with the intention of assaulting him, accused persons assaulting him on his head with the stick and also assaulted on his left hand, back and the palm of the left hand. When his wife Chamelibai (PW-7) and his daughter Sunita (PW- 2) came to rescue him, Moolchand assaulted the wife of the complainant by means of a spade and Loknath and Kantibai assaulted the daughter of the complainant by means of sticks. Due to the said assault, the complainant sustained injuries on his body. He fell on the ground due to the assault by Loknath. The accused persons fled away from the spot. The incident was witnessed by Chhattu, Manoj, Chainbai etc. The report of the incident was registered as crime number 115/2001 in Kasdol police station and the investigation was started. The victims Mahajan Prasad Sahu, Sunita and Chamelibai were medically examined. Statements of witnesses were recorded, and the stick and spade used in the crime were seized from the accused persons. Spot map was prepared. The clothes of the victims were also recovered and the clothes and the weapon used at the time of the incident were sent for chemical examination to FSL. After due investigation, charge sheet was filed.

3. So as to hold the appellants guilty, the prosecution has examined as many as 12 witnesses. The statement of the accused persons were also recorded under Section 313 of the Cr.P.C. in which they denied the circumstances appearing against them and pleaded innocence and false implication in the case. The appellants have adduced three witnesses in their defence.

4. After hearing the parties, vide impugned judgment of conviction and order of sentence dated 25.10.2002, learned Judge has convicted and sentenced the appellants as mentioned in para-1 of this judgment.

Hence, the present appeal.

5. Learned counsel for the appellants would submit that MLC of Mahajan Sahu (PW-6) is Ex.P/6. It is apparent from this MLC that Mahajan Sahu had sustained in all nine injuries, out of which five were lacerated wound, three were contusion and another one was swelling. Dr. Yogesh Kumar Sharma (PW-5), who conducted MLC, had opined that all the injuries were simple in nature, except injury No.(7) & (8), for which final opinion can be given after x-ray reports. All these injuries were caused by hard and blunt object and from