2025:CGHC:57847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1881 of 2024  Sheikh Kurban @ Gulam Mustafa S/o Sheikh Asiruddin Aged About

28 Years R/o Village Bhelo, P/s Khanakul, District Hugli, West Bengal.

... Petitioner(s)

versus 

State Of Chhattisgarh Through Sho P/s Tikrapara, Raipur, Chhattisgarh. --- Respondent ------------------------------------------------------------------------------------

For Appellant : Mr. Vinay Nagdev, Advocate.

For State/Respondent : Ms. Laxmeen Kashyap, P.L.

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Hon'ble Shri Arvind Kumar Verma, Judge

Order on Board

27.11.2025

1. With the consent of counsel for the parties, the matter is heard finally Digitaly signed by JYOTI JHA Date:

2025.12.12 11:24:16 +0530 at motion stage.

2. This criminal appeal has been filed under Section 415(2) of the BNSS by the appellant against the judgment of conviction and order of sentence dated 12.09.2024 passed by the learned 2^nd Additional Ses- sions Judge, Raipur (C.G.), in Session Trial No. 305/2022, whereby the appellant has been convicted and sentenced as follows:-

Convicted under Sentenced to Sections

307 of the Indian Penal Code, R.I. for 7 years with fine of INR Rs. 1000/- 1860 and in default of payment of fine, additional R.I. for 3 months

25(1-b)(b) and 27 of Arms R.I. for 3-3 months with fine of Rs. 500-500 Act and in default of payment of fine, additional R.I. for 1-1 month in both the section.

3. Briefly stated facts of the case leading to the disposal of this appeal are that the Applicant Ejaz Khan lodged a report at Police Station Tikrapara, Raipur on 03/08/2022, stating that on the night of 03/08/2022, he was present at his office at Baijnath Para. At about 8:40 p.m., his cousin sister Insha Ashraf informed him over telephone that his younger cousin brother, Adil Ashraf, had reached home in a severely injured condition, having sustained injuries on his neck and was bleeding profusely. Upon receiving the information, he came home and learnt that Adil Ashraf had already been taken to a local practitioner. He then reached the hospital and saw that his cousin brother, Adil Ashraf, was in a critical condition and was bleeding heavily from his neck. His uncle, Ashraf Ali, and neighbour Kochi Bhai were also present there. The doctor advised that the injured be immediately shifted to a bigger hospital. Thereafter, he admitted his cousin brother, Adil Ashraf, in M.M.I. Hospital. On inquiry, the injured disclosed that he had gone to Jhanda Chowk to meet his friend and was returning alone on his bicycle. At about 8:30 p.m., near Sanjay Nagar at Jhanda Chowk, one boy named Sheikh Kurban met him and asked him about the whereabouts of Ayan. Thereafter, Sheikh Kurban pushed him along with the bicycle causing him to fall down, and dragged him. When he raised alarm, the assailant threatened to kill him and took out a sharp-edged weapon from his pocket and inflicted a blow on the front side of his neck. He then pushed the assailant away and, while shouting “Save me”, reached home and informed his mother, Zeenat Parveen, and sisters, Insha and Adiba Ashraf, about the incident. His cousin brother sustained a grievous injury on his neck. It is alleged that with the intention to kill the victim, accused Sheikh Kurban caused serious injury on his neck by means of a sharp-edged weapon. Upon making inquiries about Sheikh Qurban, he came to know that the accused is a resident of Bhelgaon, District Hooghly, West Bengal, and had recently been staying at the house of their neighbour, Sheikh Mehboob. On the basis of the report of the applicant, Police Station Tikrapara, on the same date of the incident, registered Crime No. 450/2020 for the offence under Section 307 of the Indian Penal Code against accused Sheikh Qurban and commenced investigation into the matter.

4. So as to prove the complicity of the accused/appellant in the crime in question, prosecution has examined as many as 15 witnesses. Statem