1 2025:CGHC:5932 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 789 of 2021 1 - Lalan Ram @ Bantu S/o Daddi Baiga Aged About 32 Years R/o Village Madisarai, Police Station Janakpur, District : Koriya (Baikunthpur), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Janakpur, District : Koriya (Baikunthpur), Chhattisgarh ... Respondent(s) For Appellant : Shri Ashutosh Trivedi, Advocate For Respondent/State : Ms. Prabha Sharma, Pl (Hon’ble Shri Justice Arvind Kumar Verma) Judgment on Board 31/01/2025 This appeal arises out of judgment and order dated 07.07.2021 passed by the First Additional Sessions Judge, Manendragarh, District Koriya in S.T. No. 82/2019 convicting the accused/appellant under Section 307 IPC and sentencing him to undergo RI for 7 years and to pay fine of Rs. 500/- with default stipulations. 2. Case of the prosecution in brief is that on 14.09.2019, information 2 was given by one Lal Sai Singh at police station Janakpur alleging that in the midnight at about 1.00 am, on acount of some land dispute, appellant Lalan Ram @ Bantu Baiga with an intention to commit murder of his elder brother Amarsingh, assaulted with axe on his face and temple as a result of which his jaw was cut. On the basis of the said information, FIR was registered for the Crime No. 129/2019 under Section 307 IPC against the applicant. Injured Amar Singh was taken to Community Health Centre, Janakpur for medical examination from where he was referred to the higher centre at District Hospital,Shahdol. On the basis of memorandum of the appellant, blood stained pant and T shirt were seized and he was taken into custody. After completion of investigation, charge sheet was filed against the appellant on 23.10.2019. 3. In order to bring home the offence, prosecution has examined as many as 13 witnesses. Statement of the accused/appellant was recorded under Section 313 Cr.P.C. in which he denied the allegations and pleaded his innocence and false implication in the case. 4. The trial Court, after appreciation of oral and documentary evidence on record, convicted and sentenced the appellant as above against which the present appeal has been preferred. 5. Contention of the counsel for the appellant is that as there was some old dispute between the injured and the appellant, on the date of incident ie. 14.09.2019, the appellant hurled abuses and threatened to kill and thereafter assaulted with axe. He submits that even if the whole prosecution story is found to be true, then also on the available facts and evidence of the case, no offence is made out under Section 307 IPC against the appellant. He submits that apart from this, all the 3 witnesses are family members and there are material contradictions in the statement of the witnesses. It is further contended that at the time of incident, it was dark and therefore, the injured could not identify the accused and as there was some land dispute between them, on suspicion, the case has been lodged against the appellant. It has ben admitted by the injured Amar Singh that he was sleeping in the verandah on the date of incident and lamp was dim. In his examination report, he has that that he was assaulted by some unknown person. He submits that the doctor who had examined the injured has not given the report as to whether the injuries sustained by him would cause his death therefore, the conviction cannot be sustained and conviction under Section 307 of I.P.C. deserves to be set aside. 6. On the other hand, supporting the impugned judgment it has been argued by the State counsel that in the FSL report, blood was found on the axe. Thus, the judgment of conviction and order of sentence is based on sound principle of law and hence the judgment impugned does not require any interference. 7. Heard counsel for the parties and perused the material available on record with utmost circumspection. 8. Lalsai Singh (PW-1) is the complainant who informed about the incident at police station. He has stated that on the date of incident, in the midnight, when his brother ie. Injured was sleeping at his house, he heard some cries outside and when he went out, he came to know that his brother has been assaulted by the appellant with axe over some land dispute. Thereafter he took him to the hospital at Janakpur where 4 after giving treatment, referred to Shahdol where he was admitted for 15 days and thereafter he was treated at private hospital. 9. Amar Singh (PW-2) has stated that on the date of incident, at about 1-1-30 in the midnight the accused came to his house carrying axe and assaulted him on his temple, head and face as a result of which there was bleeding he fell unconscious. He has stated that at the time of assault, he shouted and then his brother, wife, children and other villagers came there. He narrated about the incident,he was taken to Janakpur hospital, where after giving primary treatment, shifted to govt. Hospital Shahdol where he was admitted for 8-10 days. Ku. Reeta Singh (Pw-3) daughter of the injured Amar Singh has stated that on the date of incident, she was sleeping inside the room along with her mother and her father was sleeping in the verandah. On hearing the cries of his father, they woke up and came outside and saw that the appellant was running away from there. She has stted that the appellant assaulted his father with axe on his face as a result of which the mosquito net also got torn. Similar statement has been made by Smt. Sukhwaria, and Chandrapratap, wife and son of the injured. 10. Dr. Pawan Kumar Gupta (PW-12) has medically examined the injured Amar Singh and gave his report Ex.P-11 and has opined that there was deep cut injury over the right side of face involving superficial skin and deep muscle extend up to near from left eye to behind the left ear incised cut left pinna size of 8-9cm. X 2-3cm.; deep cut injury over the upper lip extended upto right nostril (separated two part) and upper teeth also decayed. 5 11. It is further stated that the said injuries were inflicted by sharp weapon. The Doctor has further stated that the inflicted injury might have been inflicted by the said seized weapon i.e.axe. In the background of this case, when the relationship between the medical evidence and ocular evidence is considered and tested, which shows that the injured has contended and maintained his stand that he received injuries and have named the present appellant of inflicting injury. The fact that there was some land dispute between the appellant and the injured and in furtherance of which the incident took place on account of which deadly injury was inflicted on the vital part of the body. Thus, reading of the ocular evidence along with the medical evidence, inherent consistency appears and the probability of the incident has been established, which makes the statement of the witnesses creditworthy. The probative value of the evidence i.e. injured and also the Doctor when are read together, it establishes that the injuries inflicted were fatal in nature, which could have taken the life of the injured. 12. In the instant case, it has been categorically stated that it is the appellant who caused injury with axe on his face. Evidence of this witness gets corroborated from the promptly lodged FIR (Ex.P-1) naming the appellant to be the perpetrator of crime and the medical report (Ex.P-11) by Dr. Pawan Kumnar Gupta (PW-12). In these circumstances, the complicity of accused/appellant in crime in question stands proved beyond reasonable doubt. Ordinarily, every man is responsible criminally for a criminal act done by him. The principle of criminal liability is that the person who commits an offence is responsible for that and he can only be held guilty. 6 13. In the circumstances of this case and the statement of the victim as well as other witnesses would show that on the date of incident, at about 1-1.30 in the midnight, while he was sleeping in the verandah, the appellant entered carrying axe and assaulted him and caused injury on his face. On being asked, he informed that on account of some land dispute, the appellant assaulted him as a result of which he sustained injuries. 14. From perusal of the statements of the witnesses, on proper scrutiny and analysis, the existence of motive and the act of the accused leads to point out that the accused had the intention to commit the offence. The conduct of the present appellant soon before and after the occurrence and the way, the injury was inflicted on the victim and the blood stains found on the axe however leads to irresistible conclusion that the accused had inflicted the injury. 15. In the result, the accused is liable to be punished under Section 307 of I.P.C. The appeal has no merit and is hereby dismissed. The appellant is in jail and therefore no further order for his surrender or arrest is required. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.20 10:43:39 +0530