2025:CGHC:57189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2051 of 2025 • Uttam Das Panika S/o Pramod Das Panika Aged About 40 Years R/o Village Dhourpur, Dandpara, Police Station Dhourpur, District Sarguja C.G.

... Appellant(s)

versus • State Of Chhattisgarh Through Police Station Dhourpur, District Sarguja C.G. ---- Respondent For Appellant : Mr. A.D. Kuldeep (leagal aid), Advocate For Respondent/State : Mr. Vivek Sharma, P.L.

Hon'ble Shri Arvind Kumar Verma, Judge

Order on Board

25/11/2025

1. With the consent of counsel for the parties, the matter is heard finally at mo-

D by ig J i Y ta O ll T y I s J i H g A ned tion stage.

Date:

2025.12.12

11:24:34 +0530

2. On 28.10.2025, a notice was issued to the complainant which was duly served to the complainant, however non appearance for the complainant in person or through his counsel.

3. This criminal appeal has been filed under Section 415 (2) of Bhartiya Nagrik Suraksha Sanhita by the appellant against the judgment of conviction and order of sentence dated 26.08.2025 passed by the learned Special Judge (Atrocities), Sarguja, District Ambikapur (C.G.), in Session Trial (Atrocities) Case No. 6/2024, whereby the appellant has been convicted and sentenced as follows:-

Convicted under Sec- Sentenced to tions

307 of the Indian Penal R.I. for 7 years with fine of Rs. 10,000/- Code, 1860 and in default of payment of fine, addi-

tional R.I. for 3 months

4. Briefly stated facts of the case leading to the disposal of this appeal are that the informant, Siyaram, lodged a report at Police Station Dhaurpur stating that he is engaged in agricultural work and is educated up to Class X. At a distance of about 200 meters from his house, situated on Lundra Road before the Machhali river, he runs a small tea and snack shop where he resides along with his family. At his ancestral house at Dhaurpur Dandpara, his father Govind Ram, his mother Kripalo, and his middle brother Bisun reside. On 07.02.2024, Wednesday, at around 08:00 a.m., his niece Riya informed him over phone that his father Govind Ram had been assaulted by their neighbour, Uttam Das, with a sharp-edged axe on his neck and fled from the spot. Upon receiving the said information, the informant reached the place of occurrence and found that his father had sustained an injury on the right side of the neck from which blood was oozing. It is alleged that the accused, Uttam Das Panika, questioned the victim as to why he was ploughing towards his land and, with the intention to kill, inflicted an axe blow with its sharp edge on the right side of the neck of the father of the informant, thereby causing grievous injury. Due to the assault, the victim fell on the ground. Believing that the victim had died, the accused ran away from the place of occurrence. Thereafter, the informant, along with his niece Riya, took his injured father on a motorcycle to the Government Hospital, Dhaurpur for treatment. After admitting his father in the hospital, he went to the police station to report the incident. The occurrence was witnessed by his niece Riya, Sonali, his mother, and his son Ankush. Based on the written report submitted by the informant, an FIR bearing Crime No. 10/2024 was registered against the accused at Police Station Dhaurpur under Exhibit P- 1, and the matter was taken up for investigation. After completion of investigation, the police filed the charge-sheet for the offence under Section

307 of IPC.

5. So as to prove the complicity of the accused/appellant in the crime in question, prosecution has examined as many as 12 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.

6. After hearing the parties and going through the material available on record including the evidence of the witnesses, learned Special Judge (Atrocities), Sarguja, District Ambikapur has convicted and sentenced the accused/a