2026:CGHC:3558 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 733 of 2005 Motu @ Jageshwar Prasad Aged About 30 years, s/o. Ganesh Ram Yadav, occupation Agriculture, resident of village Jharan, Police Station Lailunga, District Raigarh (CG).

...Appellant versus State of Chhattisgarh through Police Station Lailunga, District Raigarh, CG.

... Respondent(s)

For appellant. : Mr. Leekesh Kumar Advocate appears on behalf of Mrs. Renu Kochar, Advocate.

For Respondent(s)/State. : Ms. Prachi Singh, Panel Lawyer (Hon’ble Mr. Justice Narendra Kumar Vyas)

Judgment on Board

21/01/2026

1. This criminal appeal filed under Section 374(2) of the Cr.PC is directed against the judgment of conviction and order of sentence dated 12-8-2005 passed by the Fourth Additional Sessions Judge, (Fast Track Court), Raigarh, (C.G.) in Sessions Trial No. 145 of 2004 whereby the learned Fourth Additional Sessions Judge has convicted the appellant for offence punishable under Section 326 of the Indian Penal Code (hereinafter called as ‘IPC’) and sentenced him to undergo Rigorous Imprisonment for three months and to pay fine of Rs.5000/-, in default of payment of fine to further undergo RI for five months.

2. Case of the prosecution, in brief, is that the brother of Matuddut Tripathi namely Sonu Tripathi (PW/1) lodged a report in Police Station Lailunga, District- Raigarh stating therein that on the date of the incident i.e. on 13-6-2004 at about 12’ O’ clock in the night at Nawapara Police Station Lailunga, District Raigarh, accused/appellant with an intention to kill one Matudutt Tripathi, caused injury to the victim by knife as a result of which he sustained grievous injury on his stomach, therefore, offence under Section 307 of IPC was registered against the accused and charge-sheet has also been filed under section 307 of IPC.

3. After completion of investigation, the appellant was charge-sheeted in the Court of Judicial Magistrate First Class, Gharghoda as Criminal Case No. 640 of 2004 and learned JMFC committed the case to the Court of Sessions, Raigarh for trial from where the case has been transferred to Fourth Additional Sessions Judge which is registered as Session Trial No. 145/2004.

4. In order to bring home the above-stated offence, the prosecution examined as many as 12 witnesses namely Sonu Tripathi (PW/1), Mutudatt Tripathi (PW/2), G.P. Sahu (PW/3), Lal Kumar Choudhary (PW/4), Dineshwar Singh (PW/5) who is constable, Maheshwar Bhagat (PW/6), Radha Tripathi (PW/7), Mithilesh (PW/8), Pramod Kumar (PW/9), Dr. Lakshmi Burman (PW/10), Rajesh Ram (PW/11) and Dr. Anil Kumar Kushwaha (PW/12) and exhibited documents namely map (Ex. P/1), FIR dated 13.06.2004 (Ex. P/2), application for medical examination (Ex. P/3), opinion (Ex. P/3A), crime detail form (Ex. P/4), property seizure memo (Ex. P/5), submission of charge- sheet memo (Ex. P/6), arrest surrender memo (Ex. P/7), receipt of forensic science lab (Ex. P/8), application for medical examination of the victim (Ex. P/9), application for examination of knife and its report (Ex. P/10 & P/10A), MLC (Ex. P/11) & prescription-medical history of victim (Ex. P/12). The appellant / accused abjured the guilt and entered into defence. The statement of the accused/appellant was recorded under Section 313 of the CrPC, in which he denied his guilt and has taken the stand that he has been falsely implicated in this case. However, the accused examined none of the witness in his defence.

5. The trial Court on the basis of evidence and material on record produced by the prosecution has convicted the appellant under Section 326 of IPC for three years with fine amount of Rs. 5000/- instead of conviction under Section 307 of IPC vide its judgment dated 12-8-2005. Being aggrieved with the conviction, the appellant prefers the instant appeal before this Court.

6. Learned counsel for the appellant would submit that the appellant is innocent and has been falsely implicated in crime in question. He would further submit that finding