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2026 Supreme(Online)(Chh) 8527

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Narendra Kumar Vyas, J
Jageshwar – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 614 of 2005

Advocates:
For the Appellants/Petitioners: Ajay Kumar Pandey
For the Respondents: Prachi Singh

The conviction under Section 326 IPC is sustainable where the prosecution proves the voluntary causing of grievous hurt using a dangerous weapon; the nature of the instrument is assessed based on its potential to cause death, and the testimony of injured witnesses holds superior evidentiary value.

Headnote:(A) Penal Code, 1860 - Sections 323, 325, and 326 read with Section 34 - Voluntary causing of grievous hurt by axe - Determination of dangerous weapon - Prosecution proved the case beyond reasonable doubt through testimonies of injured witnesses and corroborating medical evidence - Appellate Court affirms conviction and modifies substantive sentence in light of protracted litigation spanning over 27 years.

Facts of the case:
The appellants were convicted by the trial court for assaulting members of a family using an axe and lathis following a land dispute. The injured sustained multiple fractures and head injuries. The appellants appealed, contending that the evidence was contradictory and that they acted in self-defense.

Findings of Court:
The court upheld the conviction, finding that the injured witnesses were credible and their testimonies were corroborated by medical reports and x-ray examinations. The use of an axe as a weapon, considering the nature of the injuries, satisfied the criteria for grievous hurt under Section 326 of the IPC.

Issues: Whether the conviction under Section 326/34 IPC was justified, whether the injuries qualified as grievous hurt as defined under Section 320 IPC, and whether the sentence warranted reduction due to the lapse of 27 years.

Ratio Decidendi: An instrument, when used as a weapon of offense, is likely to cause death based on its intrinsic nature. Once injuries are proven grievous under Section 320 IPC and caused by a dangerous weapon, the offense under Section 326 is made out.

Result: Appeal allowed in part; convictions affirmed, sentence modified to reduced imprisonment with enhanced fine payable as victim compensation.

Table of Content
1. procedural background and trial court conviction details. (Para 1 , 2 , 3 , 4 , 5)
2. appreciation of evidence and medical reports regarding injuries. (Para 6 , 7 , 8 , 9 , 10 , 11)
3. appellants' contentions and the state rebuttal. (Para 12 , 13 , 14)
4. legal standard for defining grievous hurt and dangerous weapons under sections 320 and 326 ipc. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22)
5. evidentiary value of injured witnesses and joint liability under section 34 ipc. (Para 23 , 24 , 25)
6. affirmation of conviction based on evidence. (Para 26 , 27 , 28)
7. sentencing guidelines considering elapsed time and proportionality. (Para 29 , 30 , 31 , 32 , 33)

CAV Judgment

1. This criminal appeal under Section 374 (4) of Cr.P.C. has been filed against the judgment dated 19.07.2005 passed by 1st Additional Sessions Judge, Surajpur, District Surguja in Sessions Trial No. 190 of 1999, whereby the appellants have been convicted and sentenced in the following manner:-

Conviction	Sentence
U/s. 326/34 of the IPC	RI for 3 years and fine of Rs. 500/-in default of payment of fine to further undergo additional RI for 2 months.
U/s. 325/34 of the IPC	RI for 1 year and fine of Rs. 500/- in default of payment of fine to further undergo additional RI for 2 months.
U/s. 325/34 of the IPC	RI for 1 year and fine of Rs. 500/- in default of payment of fine to further undergo additional RI for 2 months.
U/s. 323/34 of the IPC	To pay fine of Rs. 500/-in default of payment of fine to further undergo additional RI for 2 months.

(Fine amount has already been deposited. All sentences are directed to run concurrently).

2. Case of the prosecution in brief, is that the complainant purchased land from the relative of Appellant No.1. On 27.01.1999 in the morning, the victims went to the field which has been purchased by them where the accused were doing agriculture work and when the victim prevented them then accused Jageshwar, wife, mother Kaushaliya and brother Bindeshwar started creating dispute and thereafter Appellant No.1 assaulted on the head of complainant with axe. Appellant No.2/Bindeshwar also caused injury to Ramaavatar then he fell there. When Kishmatbai intervened in the scuffle then the Appellant No.1 and 2 committed marpit with her. Moharsai and Sobhnath were also assaulted by the appellants and thereafter they fled from there. Injured were sent to hospital for medical examination. On the basis of report, FIR (Ex.P-3) under Section 307/34 IPC was registered against them before Police Station Lakhanpur District Surajpur. Statements of the witnesses were recorded. Spot map Ex.P-12 was prepared. Dying declaration of the injured (Ex.P-22) was registered. Appellants were arrested by arrest memo (Ex.P-32 to P-36).

3. After completion of the investigation, charge sheet was filed before the Court of Chief Judicial Magistrate Surajpur, who in turn committed the case to the Court of Additional Sessions Judge, Surajpur which was registered as Sessions Case No. 190 of 1999.

4. The prosecution in order to prove the guilt of the appellants examined 15 witnesses Kanhaiyalal (PW-1), Ramavatar (PW-2), Mohar (PW-3), Kishmat Bai (PW-4), Shobhnath (PW-5), Patwari Ramgopal Sahu (PW-6), Pawansai (PW-7), Vishwanath (PW-8), Dr. I.D. Gupta (PW-9), Medical Officer Dr. K.N. Sharma (PW-10), Ramprashad (PW-11), Tahsildar Shivkumar Tiwari (PW-12), Dr. K.C. Jain (PW-13), Sub Inspector H.R. Chandra (PW-15) and exhibited the documents from Ex.P-1 to Ex.P-36. Statements of the accused/appellants were recorded under Section 313 CRPC in which they denied the allegations made against them and pleaded their innocence and false implication in the case on account of old enmity. The appellants examined Feku Ram (DW-1) and Gahbar Ram (DW-2) in their support and exhibited documents from (Ex.D-1 to Ex.D-2).

5. After hearing the parties, learned Sessions Judge on the basis of material on record and upon considering the statements of the witnesses has passed t

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2026 Supreme(Online)(Chh) 8527

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURNarendra Kumar Vyas, JJageshwar – AppellantVersusState Of Chhattisgarh – RespondentCRA No. 614 of 2005

The conviction under Section 326 IPC is sustainable where the prosecution proves the voluntary causing of grievous hurt using a dangerous weapon; the nature of the instrument is assessed based on its potential to cause death, and the testimony of injured witnesses holds superior evidentiary value.

Cases Referred (6)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Narendra Kumar Vyas, J
Jageshwar – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 614 of 2005