2025:CGHC:61204 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1297 of 2025 Kuber Minz S/o Aetva Minj Aged About 55 Years R/o Village - Keradih Bartoli, P.S. - Narayanpur, District - Jashpur Chhattisgarh ... Appellant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Narayanpur, District - Jashpur Chhattisgarh ... Respondent(s)

For Appellant : Mr. J.K. Saxena, Advocate For Respondent(s) : Ms. Priya Sharma, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board

16/12/2025

1. This criminal appeal has been filed under Section 415 (2) of

BNSS, 2023 by the appellant against the judgment of conviction

and order of sentence dated 28.06.2025 passed by the learned

First Additional Sessions Judge, Kunkuri, District- Jashpur (C.G.)

in Sessions Trial No. 07/2023, whereby the appellant has been convicted and sentenced as follows:-

Convicted under Sentenced to Sections

307 of the Indian R.I. for 5 years with fine of Rs. 1000/- Penal Code, 1860 and in default of payment of fine, ad-

ditional R.I. for 6 months

2. Briefly stated facts of the case leading to the disposal of this appeal are that the complainant Rujla Minj lodged report at Police Station, Narayanpur, alleging therein that on 08.11.2022 in the morning, due to land dispute the appellant has assaulted with her with intention to kill her and thereafter fled away. Based on the aforesaid report, the police registered the offence under Section 307 of IPC against the appellant and upon completion of usual investigation, the charge sheet was filed before the Court below from where the case was committed to the learned Trial Court ffor trial according to law.

3. So as to prove the complicity of the accused/appellant in the crime in question, prosecution has examined as many as 10 witnesses. Statement of the accused/appellant under Section 313 Cr.PC was also recorded in which he pleaded his innocence and false implication in the case. No Defence has been examined in support of its case.

4. After hearing the parties and going through the material available

on record including the evidence of the witnesses, learned First

Additional Sessions Judge, Kunkuri, District- Jashpur (C.G.) has convicted and sentenced the accused/appellant as described in paragraph No. 2 of this judgment. Hence this appeal.

5. Learned counsel for the appellant submits that the prosecution has utterly failed to prove its case under Section 307 IPC beyond all reasonable doubts. He further submits that as there was no intention on the part of the accused/appellant to cause injury to the victim, the offence under Section 307 IPC is not made out and at the most act of the accused/appellant may fall either under Section 325 or 326 IPC. Alternatively, counsel for the accused/appellant submits that if the conviction part of the judgment impugned is not going to be interfered with, keeping in mind the fact that the accused/appellant has already remained behind the bars from 08.111.2022 to 11.01.2023 (64 days) and then from the date of judgment, i.e., 28.06.2025 till date (more than 5 months), the sentence imposed on him may be reduced to the period already undergone.

6. On the other hand, counsel appearing for the State supports the judgment impugned and submits that taking into consideration the statements of the injured/victim (PW-1), eye witness Manbhajan (PW-2), and Dr. Sunil Lakda (PW-07) which gets corroboration from the testimony of other independent witnesses, the findings recorded by the First Additional Sessions Judge, Kunkuri, District- Jashpur holding the accused/appellant guilty under Section 307 IPC being based on proper appreciation of the evidence on record are fully justified and do not call for any interference in this appeal.

7. Heard counsel for the parties at length and went through the evidence on record with utmost care and caution.

8. From the evidence of Rujla Minj victim/injured (PW-1) it is apparent that on the date of incident i.e. on 08.11.2022 at 9 am, he went an