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2026 Supreme(Online)(Chh) 12079

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Ganga Ram Bandhle – Appellant
Versus
State of Chhattisgarh – Respondent
CRA No. 1208 of 2023

Advocates:
For the Appellants/Petitioners: Paras Mani Shriwas
For the Respondents: Shaleen Singh Baghel

The testimony of an injured eyewitness carries high evidentiary weight and is generally considered truthful. When corroborated by medical and ocular evidence, such testimony is sufficient to establish guilt, and minor inconsistencies in statement do not undermine the prosecution's case if the core narrative remains credible and consistent.

Headnote:(A) Indian Penal Code, 1860 - Sections 302, 307, 341, 323, 294, 506 (Part-II) read with Section 34 - Conviction for murder, attempt to murder, wrongful restraint, and causing hurt - Credibility of witnesses - Testimony of injured eyewitness on a higher pedestal - Evidence of related witnesses cannot be discarded solely on the ground of relationship if consistent and trustworthy - Minor discrepancies or natural variations in human memory do not affect the substratum of the prosecution case. (Paras 38, 40, 44, 47, 79)

(B) Evidence Act, 1872 - Section 27 - Recovery of weapons - Recovery of weapons at the instance of accused provides additional corroboration when read in conjunction with ocular and medical evidence. (Para 81)

(C) Appeal - Scope - Appellate court not to interfere with findings of trial court unless they are perverse or lack appreciation of evidence - Evaluation of evidence by trial court being consistent and based on material on record upheld. (Para 86)

Facts of the case:
Dispute over land resulted in an assault by the accused persons armed with heavy objects upon the complainant's family. The incident occurred in two phases: first, an assault on women at their residence, and second, an interception and fatal attack on the head of a family member who was on his way to report the incident. Prosecution relied on several eyewitnesses, including an injured witness, and medical reports to establish guilt.

Findings of Court:
The medical evidence, including autopsy reports, confirmed that the death was homicidal due to massive cranio-cerebral trauma caused by blunt objects. The consistent ocular evidence of injured and other eyewitnesses was found to be fully corroborated by medical findings and investigation reports, confirming the common intention of the accused.

Issues: The main issues addressed were the reliability of related witnesses, the impact of minor discrepancies in testimony, whether the incident constituted a sudden/free fight, and the sufficiency of evidence to sustain a conviction under Sections 302 and 307 read with Section 34.

Ratio Decidendi: Testimony from an injured witness possesses high evidentiary value as they are unlikely to implicate innocent persons while the true offenders escape. When ocular testimony is consistent, credible, and corroborated by medical and forensic evidence, it suffices for a conviction even if the witnesses are related. The sequence of repeated violent acts evidenced clear premeditation and common intention, rejecting claims of a spontaneous sudden fight.

Result: Appeal dismissed; conviction and sentence affirmed.

Table of Content
1. establishing the sequence of criminal events and homicidal nature. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. appreciation of eyewitness and medical evidence in trial. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21)
3. contentions regarding evidence credibility and sudden quarrel. (Para 23 , 24 , 25 , 26 , 27 , 28)
4. affirmation of homicidal death through medical and ocular testimony. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36)
5. evidentiary weight of injured and related eyewitnesses. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49)
6. proof of common intention under section 34 ipc for murder. (Para 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61)
7. criteria for conviction under attempted murder (section 307). (Para 62 , 63 , 64 , 65 , 66 , 67 , 68)
8. affirmation of guilt for additional charges and rejection of sudden fight theory. (Para 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80 , 81 , 82 , 83)
9. final confirmation of conviction due to consistency of prosecution evidence. (Para 84 , 85 , 86 , 87 , 88 , 89 , 90)

Judgment on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Paras Mani Shriwas, learned counsel for the appellants as well as Mr. Shaleen Singh Baghel, learned Government Advocate, appearing for the State/respondent.

2. This criminal appeal is filed by the appellants/accused under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 28.02.2023 passed by the learned First Additional Sessions Judge, Mungeli, District Mungeli (C.G.) in Sessions Trial No.27 of 2019, whereby the appellants/accused have been convicted and sentenced as under :-

Conviction	Sentence
Under Section 341 read with Section 34 of the Indian Penal Code, 1860	Simple imprisonment for 01 month with fine of Rs.500/-, in default of payment of fine amount, additional rigorous imprisonment for 07 days.
Under Section 294 of the Indian Penal Code, 1860	Rigorous imprisonment for 03 months with fine of Rs.500/-, in default of payment of fine amount, additional rigorous imprisonment for 15 days.
Under Section 506 Part-II of the Indian Penal Code, 1860	Rigorous imprisonment for 06 months with fine of Rs.500/-, in default of payment of fine amount, additional rigorous imprisonment for 15 days.
Under Section 307 read with Section 34 of the Indian Penal Code, 1860	Rigorous imprisonment for 10 months with fine of Rs.1,000/-, in default of payment of fine amount, additional rigorous imprisonment for 06 months.
Under Section 323 read with Section 34 of the Indian Penal Code, 1860	Rigorous imprisonment for 06 months with fine of Rs.500/-, in default of payment of fine amount, additional rigorous imprisonment for 01 month.
Under Section 302 read with Section 34 of the Indian Penal Code, 1860	Imprisonment for life with fine of Rs.2,000/-, in default of payment of fine amount, additional rigorous imprisonment for 01 month.

It is directed that all the sentences were run concurrently.

3. In a nutshell, the case of the prosecution is that: On account of a long-standing dispute relating to a piece of land adjoining the house of the complainant party, relations between the parties had become strained. The accused persons, namely Gangaram Bandhle, Sukhdev Bandhle and others, were residing in the neighbourhood of the complainant, and there existed frequent quarrels over construction activities allegedly being carried out by the complainant side on the disputed land.

4. On 09.09.2019 at about 6:00 PM, the accused persons, armed with lathis, came in front of the house of the complainant and started abusing in filthy language and threatening the complainant party with dire consequences. This fact is primarily supported by PW-01 (Ku. Manisha Kurre) and corroborated by PW-06 (Pinki Kurre) and other eyewitnesses.

5. When the complainant party objected to such conduct, PW-03 (Sharda Kurre), m

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2026 Supreme(Online)(Chh) 12079

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRamesh Sinha, CJ, Ravindra Kumar Agrawal, JGanga Ram Bandhle – AppellantVersusState of Chhattisgarh – RespondentCRA No. 1208 of 2023

Cases Referred (2)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Ganga Ram Bandhle – Appellant
Versus
State of Chhattisgarh – Respondent
CRA No. 1208 of 2023