1 CRA No.755/2019 2025:CGHC:32607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 755 of 2019 Pawan Kashyap S/o Mohan Kashyap Aged About 19 Years R/o Village Khairtaal, Police Station- Navagarh, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Station House Officer, Police Station- Navagarh, District- Janjgir-Champa, Chhattisgarh., District : Janjgir- Champa, Chhattisgarh ... Respondent ---------------------------------------------------------------------------------------- For Appellant : Mr. R.L. Rajak, Advocate on behalf of Mr. Ashish Tiwari, Advocate. For Respondent-State : Mr. R.C.S. Deo,Panel Lawyer. ----------------------------------------------------------------------------------------- Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board 14.07.2025 This criminal appeal filed by the appellant-accused under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 08/02/2019, passed by the learned Sessions Judge, Janjgir-Champa (C.G.) in Sessions Case No. 22/2018, whereby the appellant-accused has been convicted and AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.07.15 18:19:16 +0530 2 CRA No.755/2019 sentenced as under:- Conviction Sentence Under Section 324 of the IPC Imprisonment for 17 days & fine of Rs.10,000/-, in default, additional imprisonment for 6 months. 1. Facts of the case, in brief, is that in the intervening night of 08.03.2018 at about 1:30 a.m., the appellant entered the house of the complainant-Rameshwar(PW-2) and when Resham Bai (PW- 1), wife of the complainant went for toilet, the appellant assaulted Resham Bai with an iron ord and caused injuries over her head, left hand and left leg. It has been alleged by the prosecution that the appellant committed the said offence because he was scolded by the Resham Bai/injured on the date of Holi festival on 02.03.2018. Based on above facts, an FIR was registered against the appellant vide Ex.P-4. Spot map was prepared vide Ex.P-5. After due investigation, memorandum statement of appellant was recorded vide Ex.P-8. Iron rod and clothes of the appellant has been seized vide Ex.P-10 and subsequently, the appellant was arrested vide Ex.P-12. After completing the investigation, the final report was prepared. 2. The prosecution in order to prove its case examined as many as 14. Statement of the appellant under Section 313 of the Cr.P.C. was recorded, wherein he has pleaded his innocence and false implication in the matter. 3 CRA No.755/2019 3. The learned trial Court after appreciating the oral and documentary evidence available on record proceeded to convict the appellant herein for the aforementioned offence and sentenced him as mentioned herein-above against which this appeal has been preferred by the appellant-accused herein questioning the impugned judgment of conviction and order of sentence. 4. Learned counsel for the appellant would submit that the appellant has been falsely implicated in the present case. There is no eye witness in the case and as per prosecution, the said incident happened at mid-night, and no one has seen the appellant. He submits that the entire case of prosecution is based upon the statement of the interested witnesses and the prosecution has not proved the case against the appellant beyond all reasonable doubts. Therefore, burden of proof was on the prosecution to establish its case beyond reasonable doubt. Hence, the present appeal deserves to be allowed. 5. Per-contra, learned State counsel supported the impugned judgment of conviction and order of sentence and submits that the prosecution has proved the offence beyond reasonable doubt by leading evidence of clinching nature. The learned trial Court has rightly convicted the appellant for the aforesaid offence, thus, the present appeal deserves to be dismissed. 4 CRA No.755/2019 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 7. The question would be whether the accused-appellant herein is the author of the crime in question ? 8. Resham Bai (PW-1), who is injured and wife of the complainant(PW-2) stated in her evidence that she knows the accused/appellant. She stated that during the last Holi festival, she was sitting on a chair in the courtyard of her house, at that time, the appellant threw stone outside from the house, which hit the chair, but because of festival occasion, she did not say anything to him. She further stated that on the fifth day after Holi festival, at night, she went for toilet in the courtyard, at that time, the appellant came inside her house and assaulted her by means of iron rod on her head and left hand, due to which, she started shouting, then the appellant fled away from the house. Thereafter, she was taken to hospital where the police enquired about the incident and took her statement. 9. Rameshwar (PW-1), who is husband of injured stated in his evidence that he knows the appellant. He stated that when, on 02.03.2018 i.e. Holi festival, they were sitting in the house at around 06.00 in the morning, at that time, the appellant threw a stone in his house and hit the chair of his wife-Reshambai, due to 5 CRA No.755/2019 which, one leg of the chair broke down. He further stated that on 08.03.2018, they were sleeping in the verandah of his house. At about 01.30 in the night, his wife Resham Bai went outside to answer the call of nature and at that time she started shouting, then he came out in the courtyard along with his son and both of them saw that the person who assaulted his wife was running from the courtyard. Blood was oozing out from the head of his wife/injured and she narrated the whole incident to him that the appellant has assaulted him with an iron rod. Thereafter, he called neighbor and other persons and the injured was taken to hospital Navagarh. 10. Krishna Kumar (PW-3), son of the injured, stated in his evidence that he know the appellant and he is from his village. He stated that at 1.30 in the night, when his mother went outside to answer the call of nature, he was sleeping in the shade. He heard the voice of screaming of his mother. Then, he woke up came to the courtyard along with his father, where they saw that his mother was lying down and blood was oozing out from her head. Thereafter, his mother told that appellant, who is the son of Mohan Kashyap, had assaulted her. Subsequently, his father called other people and the injured was taken to Nawagarh Hospital. 11. Dr. Vinod Kumar Jaiswal(PW-14), who conducted the medical 6 CRA No.755/2019 examination of injured and opined that injuries were caused by hard and blunt object and somewhat sharp-edged weapons. Injuries:- 1 - A cut injury was found on the front part of the head, the size of which is 4.5 cm x 0.5 cm x 0.5 cm, which was from front to back. Blood was leaking from the injuries. Advised for CT Scan. 2 - A cut wound was found in the middle of the left arm, measuring 2.5 x 0.5 cm, which was oblong in shape. 3- There was a scratch on the little toe of the left foot, measuring 0.5 x 0.5 cm. It was red. 12. On the basis of memorandum statement of appellant vide Ex.P-8, iron rod and clothes have been seized vide Ex.P-10, which was sent for chemical examination to FSL and in the FSL report (Ex.P- 18), it is mentioned that the blood stains were found on the weapon used in offence i.e. Iron rod and also on the clothes of the appellant and injured. 13. From bare perusal, Reshambai(PW-1), who is injured stated that while she went to answer the call of nature at night, the appellant trespassed the house and assaulted her by means of iron rod on her head and left hand, due to which, she suffered grievous injuries, which is reflected from the medical examination report conducted by Dr.Vinod Kumar Jaiswal(PW-14). On hearing the screaming of Reshambai/injured, her husband Rameshwar (PW-2) 7 CRA No.755/2019 and her son Krishna Kumar (PW-3) woke up and saw that blood was oozing out from the head of injured and the incident was narrated by her and told them that the appellant is the person, who assaulted her by means of iron rod and fled away from the spot. On the basis of memorandum, the weapon i.e. iron rod seized near his house has been sent from examination and in FSL report, blood stain was found on the seized iron rod and also in the clothes of the appellant. Hence, looking to the aforementioned evidence, it is manifest that the appellant herein is the person who committed the said offence. As such, the finding recorded by the trial Court that the appellant has caused the injuries upon the Reshambai/injured is based on evidence available on record and accordingly, I hereby affirm the finding recorded by the learned trial Court that the appellant-accused is the author of the crime in question. 14. In view of foregoing discussion, this Court is of the considered opinion that the learned trial Court has rightly convicted the appellant for offence under Section 324 of IPC. 15. Registry is directed to send a copy of this judgment to the appellant informing him that he is at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon'ble Supreme Court with the assistance of High Court Legal Services Committee or the Supreme Court Legal Services Committee. 8 CRA No.755/2019 16. Accordingly, the Criminal Appeal is dismissed. 17. Let a certified copy of this judgment along with the original record be transmitted forthwith to the trial Court for information and necessary action. SD/- (Bibhu Datta Guru) Judge Gowri/ Amardeep