1 2025:CGHC:34489-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No. 1459 of 2018 Geeta Prasad Sahu S/o Ghasiyaram Sahu Aged About 35 Years R/o Village - Soniadih, Oputpost - Bhatgaon, Thana - Bilaigarh, District - Baloda Bazar-Bhatapara, Chhattisgarh. --Appellant Versus State Of Chhattisgarh Through Police Station - Bilaigarh, Oput Post - Bhatgaon, District - Baloda Bazar-Bhatapara, Chhattisgarh. ---Respondent For Appellant :- Mr. Deepak Jain, Advocate For State :- Mr. H.A.P.S. Bhatia, Panel Lawyer DB - Hon'ble Shri Justice Sanjay K. Agrawal Hon’ble Shri Justice Sachin Singh Rajput Judgment on Board 21/07/2025 1. This criminal appeal under Section 374(2) of CrPC is directed against the impugned judgment of conviction HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.07.24 10:54:17 +0530 2 and order of sentence dated 31/08/2018 passed by learned 3rd Upper Sessions Judge, Baloda Bazar, District Baloda Bazar-Bhatapara in Session Case No. 30/2017 whereby the appellant herein has been convicted for offence punishable under Section 307 of IPC and has been sentenced to undergo R.I. for life imprisonment with fine of Rs. 100/- and in default of payment of fine, additional R.I. for 1 year. 2. Case of the prosecution, in brief, is that on 29/06/2016 at about 6 AM at village Soniyadih within the ambit of Police Station Bilaigarh, appellant abused his brother Tularam Sahu (PW-1) and also assaulted him with axe by which he suffered grievous injury in his head and thereby, committed the aforesaid offence. 3. Further case of the prosecution is that on 29/06/2016, complainant Tularam Sahu (PW-1) lodged a report at Police Chowki Bhatgaon that he works at Primary School, Soniyadih as Assistant Teacher Grade-3 and on the same day at about 6 AM, his brother (appellant herein) quarreled with him on the matter of money and partition and after threatening him, assaulted him with axe on account of which, he suffered injury on his head. On the basis 3 of the said report, Crime No. 203/2016 was registered agianst the appellant vide Ex. P/7 for offence punishable under Sections 294, 506, 324 and 307 of IPC. Spot map was prepared vide Ex. P/3. MLC was conducted by Dr. Pushpendra Vaishnaw (PW-6) and as per MLC report (Ex. P/8) and CT scan report (Ex. P/9), the injury sustained by Tularam Sahu (PW-1) is found to be simple in nature. Seizure of axe was made at the instance of complainant Tularam Sahu (PW-1) vide Ex. P/4. After due investigation, the appellant was charge-sheeted for offence punishable under Sections 294, 506 Part II and 307 of IPC which was committed to the Court of Sessions for trial in accordance with law. The appellant abjured his guilt and entered into defence. 4. In order to bring home the offence, prosecution examined as many as 7 witnesses and brought on record 10 documents. The statement of the appellant was taken under Section 313 of CrPC wherein he denied guilt, however, he examined none in his defence and only brought 1 document on record. 5. Learned trial Court, after appreciation of oral and documentary evidence on record, though held that it could not be proved that appellant abused and 4 threatened the complainant Tularam Sahu (PW-1) but found the appellant guilty of assaulting him with axe and therefore, convicted him for offence punishable under Section 307 of IPC and sentenced him as aforesaid. 6. Mr. Deepak Jain, learned counsel for the appellant, would submit that the dispute is between two brothers and moreover, the injury caused by the appellant to the complainant Tularam Sahu (PW-1) is simple in nature which is apparent from the MLC report (Ex. P/8) and CT Scan report (Ex. P/9), as such, at the most offence punishable under Section 324 of IPC would be made out and the instant appeal be allowed and the sentence awarded by the trial Court be undergone. 7. Per contra, Mr. H.A.P.S. Bhatia, learned State counsel, would submit that prosecution has been able to bring home the offence beyond reasonable doubt and the trial Court has rightly convicted the appellant for the aforesaid offence, therefore, the instant appeal is liable to be set aside. 8. I have heard learned counsel for the parties, considered their rival submissions made herein-above 5 and went through the record with utmost circumspection. 9. A careful perusal of the record would show that complainant Tularam Sahu was medically examined by Dr. Pushpendra Vaishnaw (PW-6) at Community Health Center, Bilaigarh and as per the MLC report (Ex. P/8) and as per his statement before the Court, complainant Tularam Sahu (PW-6) had suffered a cut injury on his head, another cut injury on his left thumb and abrasion on his right elbow, which appeared to have been caused by a hard and sharp object. Thereafter, injured Tularam Sahu (PW-1) was subjected to CT Scan and as per its report (Ex. P/9), the injuries suffered by him were found to be simple in nature. Further considering the statement Tularam Sahu (PW-1) as well as looking to the weapon used in the commission of the offence i.e. axe, it appears to be a case where offence punishable under Section 324 of IPC is made out. As such, the impugned judgment of conviction passed by the trial Court is hereby set aside and instead of offence under Section 307 of IPC, the appellant is convicted for offence punishable under Section 324 of IPC. Since he has already undergone jail sentence for 5 months, he be sentenced to the period already undergone. The fine 6 sentence as imposed by the trial Court shall remain intact, however, in default of payment of fine amount, the appellant would be sentenced to R.I. for 1 week. 10. Accordingly, this criminal appeal is allowed to the extent indicated herein-above. Since the appellant is already on bail, he need not surrender, however, his bail bond shall remain in force for a period of six months in view of the provision contained under Section 437A of CrPC. 11. Let a certified copy of this judgment along with the original record be transmitted to trial Court concerned for necessary information and action, if any. Sd/- Sd/- (Sanjay K. Agrawal) (Sachin Singh Rajput) Judge Judge Harneet