1 CRA No. 1305 of 2018 2025:CGHC:25911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1305 of 2018 1 - K.C. Jain Madbaiya S/o Late Shri B L Jain Madbaiya Aged About 75 Years R/o 75, Chitragupt Nagar, Kotra, Bhopal, District Bhopal, Madhya Pradesh, Police Station Kamla Nagar, District : Bhopal, Madhya Pradesh ... Petitioner versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Ajak, Tahsil And District Dantewada, Chhattisgarh., District : Dantewada, Chhattisgarh Respondent(s) (Cause-title taken from the Case Information System) For Appellant(s) : Mr. Amit Kumar Sharma, Advocate For Respondent(s) : Mr. R.C.S. Deo, PL Hon'ble Shri Justice Bibhu Datta Guru Judgment on Board 19/06/2025 1. This criminal appeal preferred under Section 374(2) of the Cr.P.C is against impugned judgment of conviction and order of sentence dated SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.06.20 18:30:12 +0530 2 CRA No. 1305 of 2018 31/05/2018 passed in Special Case No. 189/2004 by the learned Special Judge (SC/ST Act), Dantewada (C.G.), whereby the appellant has been convicted and sentenced as under:- Conviction Sentence U/s 294 of the IPC Till arising of the Court and fine of Rs. 500/-, with default stipulation. U/s 323 of the IPC Till arising of the Court and fine of Rs. 1,000/- with default stipulation. 2. Case of the prosecution in brief is that the complainant Tulsidas is a member of Scheduled Tribes community. He was at his home when the watchman came to him and told that J.R. sir had come and called him with keys. When Tulsidas went with keys J.R. Sir was standing near the flag post of the society. He went and opened the gate of office of society. J.R. Sir told him that he had been transferred and he would give hike to the complainant's salary and demanded Rs. 3000/-. When the complainant denied, K C Jain, the accused abused and intentionally addressed with obscene words relating to caste of complainant and on protesting, the accused had beaten the complainant by holding collar of his T-shirt by fists and kicks and bite the complainant by teeth and injured the complainant. Accused also warned the complainant for removal from service. On the basis of the report, a case was registered against the appellant. 3. During investigation, Spot map was prepared. Statement of the Victim was recorded. Statements of witnesses were also recorded. Subsequently 3 CRA No. 1305 of 2018 after completing the investigation, a charge-sheet was submitted before the Court. 4. After framing the charges against the accused/appellant, the charges were read out and explained to the appellant, he denied committing the crime and demanded trial. 5. In order to bring home the offence, the prosecution has examined 07 witnesses in its support. Statement of the accused/appellant under Section 313 Cr.P.C was recorded, wherein he has pleaded his innocence and false implication in the matter. In defence, statement of retired Dr. K. B. Sharma was recorded. 6. The trial Court after appreciating oral and documentary evidence available on record, by its judgment dated 31/05/2018 convicted and sentenced the appellant as mentioned in paragraph one of this judgment. Hence, this appeal. 7. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. He would submit that the conviction against the appellant is bad in law and it is not supported by the evidence of the prosecution beyond reasonable doubt. He would submit that while passing the impugned judgment the Court below failed to appreciate the fact that there are material contradictions and omissions in the statements of the prosecution witnesses. 8. Learned Panel Lawyer appearing for the State opposes the submissions made by the counsel for the appellant and submits that the conviction of 4 CRA No. 1305 of 2018 the appellant is well merited which does not call for any interference, therefore, this appeal deserves to be dismissed. 9. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. 10. From the evidence adduced by the prosecution witnesses and the material available on record would submit that the appellant caused injuries to the victim which has been proved by the doctor. The learned trial Court after appreciating the entire facts and circumstances of the case in its true perspective has rightly passed the impugned judgment of conviction and order of sentence. 11. Considering the material available on record, I do not find any merit in this appeal. 12. In the result, the appeal is dismissed. 13. The trial court record along with a copy of this judgment be sent back immediately to the trial court concerned for necessary action. Sd/- (Bibhu Datta Guru) Judge $ Bhilwar /`Gowri