2025:CGHC:6904 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 148 of 2025 Shivdayal Sinha S/o Rama Sinha Aged About 44 Years R/o Village Uparpara Police Station Rakhi District - Raipur (C.G.)

... Appellant(s)

versus State Of Chhattisgarh Through Police Station Rakhi District - Raipur (C.G.)

... Respondent(s)

For Appellant(s) : Shri Bishnu Muni, Advocate For Respondent(s) : Shri Karan Kumar Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

06/02/2025 With the consent of the parties, the matter is heard finally.

This appeal is directed against the impugned judgment of conviction and order of sentence dated 28.11.2024 passed by the Ninth Additional Sessions Judge, Raipur in S.T. No. 38/2024 whereby the appellant in the aforesaid appeal has been held guilty of the commission of offences and sentenced as described below :

2. The prosecution story, as unfolded from the records of the case and judgment impugned, is that on the date of incident ie. 13.11.2023, at about 5.00 pm, the appellant hurled abuses and caused grievous injuries to Sushila Dheewar, Resham Dheewar and Amit Dheewar. It is alleged that the appellant came to the shop of the complainant Amit Dheewar and was hurling abuses and when he asked him not to abuse, he assaulted with hands and fists which was intervened by his brother Resham Dheewar and he was also assaulted by the appellant with the window plank. Thereafter he threatened them to kill and went to his house and brought a spade and chased Resham Dheewar which was intervened by his mother Sushila Dheewar and he assaulted her with spade on her and she fell unconscious. Thereafter, son of the appellant chased the brother of the complainant and assaulted him with club whereas the appellant assaulted with spade. The injured were treated at Sadbhawna Hospital, Naya Raipur. On the basis of the complainant lodged by the complainant Amit Dheewar at police station Rakhi, District Raipur, offence against the appellant and his son who was a juvenile at the time of incident was lodged under Sections 294, 323,307,34 IPC and FIR Ex.P-1 was registered. The injured were medically examined vide Ex.P-9 and P-10 and the reports were sent to Govt. Hospital, Rakhi and the MLC report is at Ex.P-11 and 12. During investigation, spot map was prepared vide Ex.P-2. On the basis of memorandum of accused/appellant, the iron spade was seized from his house vide Ex.P-8 and arrest memo Ex.P-5 was prepared, after giving information to th family members vide Ex.P- 16=5, the he was arrested. The blood stained clothings of the injured Sushila Dheewar were seized vide Ex.P-4. Seized articles were sent to the Forensic Science laboratory vide Ex.P-19 and the FSL report is Ex.P20. After completion of investigation, charge sheet was filed before the court of Chief Judicial Magistrate Raipur and thereafter the case was committed to the Sessions Judge, Raipur

3. The appellant was charged for the commission of offence under Sections 294, 323, 307,34 IPC. The appellant denied the charges and claimed to be tried.

4. Prosecution examined as many as 7 witnesses in support of its case. Appellant was examined under Section 313 Cr.P.C. in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.

5. Learned trial court after appreciation of evidence available on record, convicted and sentenced the appellant as stated above by the impugned judgment. Hence this appeal.

6. Counsel for the appellant, assailing corre