R SH AV A I NKAR DsRSM i HA ig A gnVAN iteIN a D dl K A by AV y RI 2026:CGHC:9736 MANDAVID21+ 07 a 0 2: t 50 e6 37 :. 0 0:038.02 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1367 of 2017

1 - Rajaram Pade S/o Buddharam Pade, Aged About 45 Years R/o Village Binouri, Police Station Palari, District Balodabazar Bhatapara Chhattisgarh., Chhattisgarh ... Appellant versus

1 - State Of Chhattisgarh Through The Police Station Palari, District Balodabazar Bhatapara Chhattisgarh., Chhattisgarh ... Respondent (Cause title is taken from CIS)

For Appellant : Mr. Suresh Kumar Verma, Advocate For State /Respondent : Mr. Rishi Raj Pithwe, Dy. G.A.

(Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

24/02/2026

1. With the consent of the counsel for both the parties, the matter is heard finally.

2. This criminal appeal has been preferred by appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity ‘Cr.P.C.’) challenging the judgment of conviction and order of sentence dated 26.08.2017 passed by the learned Sessions Judge, Balodabazar, District Balodabazar, Chhattisgarh (henceforth referred to as ‘trial Court) in Sessions Trial No.66/2016, whereby the appellant/accused has been convicted for the offence punishable under Section 324 of the Indian Penal Code, 1860 (for short “IPC”) and sentenced to undergo RI for 1 year with fine of Rs.3,000/- and in default of payment of fine, 6 months’ additional imprisonment.

3. Facts of the case, in brief, are that, on 02.07.2016 at 19:15 Hrs.

the complainant, resident of Village Binauri, lodged a report at Palari Police Station stating that on 02.07.2016, he and his wife were sitting at their place since morning. Both the husband and his wife along with other family members and workers were working together when appellant/accused came at around 5:30 p.m. and asked them why are you making curtains and started abusing them. When complainant’s wife went to convince the appellant/accused, the appellant/accused, with the intention of killing him, hit complainant’s wife with the sharp end of a spade due to which she fell unconscious and then they intervened. Due to the assault, her head started bleeding profusely. Based on the above incident, a First Information Report (in short FIR Ex.P/9) was registered by the complainant against the appellant/accused at Palari Police Station under Crime No. 259/2016 under section 307 of the IPC. A medical examination of the victim, was conducted by the Medical Officer Dr. Wasim (PW-4). A site map of the incident was prepared. During the investigation, the appellant/accused was taken into custody and a memorandum of his statement was recorded. Based on the information provided by him, a shovel (rapa) was seized from him. After completing the remaining investigation proceedings, a charge sheet was presented before the Court of the Chief Judicial Magistrate, Baloda Bazar in which order dated 25.11.2016 was passed for transfer of case to the Court of Sessions Judge, Balodabazar, District Balodabazar (C.G.). After committal and transfer, the case was heard by learned Sessions Judge, Balodabazar, District Balodabazar (C.G.). Charges under Section 307 of the IPC was framed against appellant, who abjured guilt and entered into appearance.

4. In order to prove the guilt of appellant, the prosecution examined as many as 09 witnesses and exhibited 18 documents, statements of the appellant under Section 313 of the Cr.P.C. was recorded, in which, he denied all the incriminating circumstances appearing against him in the evidence of the prosecution claiming himself to be innocent and falsely implicated. No defence witness has been examined in support of the accused. After considering the evidence adduced by the prosecution, learned trial Court vide judgment dated 26.08.2017 has convicted the appellant only for the offence under Section 324 of the IPC instead of Section 307 of the IPC and sentenced him as mentioned in opening paragraph of this judgment. Being agg