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CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Chandrakumar Chainuram Patel v. State of Chhattisgarh
| Table of Content |
|---|
| 1. conviction based on eyewitness testimonies and evidence. (Para 1 , 2 , 3 , 4 , 5) |
| 2. defense claims lack of eyewitness evidence. (Para 6 , 7) |
| 3. court upheld findings of homicide and guilt. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. court applied exception 4 criteria to reduce charges. (Para 15 , 17 , 18) |
| 5. conviction modified and upheld under applicable laws. (Para 19 , 20 , 21 , 24 , 25) |
1. This criminal appeal under S.374(2) of CrPC is directed against the impugned judgment dated 21/04/2015 passed in Special Case No. 05/2013 whereby learned Special Judge (Atrocitiy) Rajnandgaon has convicted the appellant / accused for offences punishable under S.302 and S.323 of IPC and S.3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 and sentenced for the period as shown in the table below:
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2. Case of the prosecution, in brief, is that on 23/11/2012 at about 09:00 PM at Village Thakurtola, the appellant herein assaulted Chhabilal with a laathi with the intention of causing his death knowing fully well that he was a member of Scheduled Tribes due to which Chhabilal suffered grievous injury on his head and died instantaneously. The appellant a
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