1 CRA No.1733 of 2024 2025:CGHC:33597-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1733 of 2024 Sakra Korwa S/o Mallikava Korwa, Aged About 44 Years R/o Village Chirkoma, Chouki Ganesh Mod, P.S. - Balrampur, District - Balrampur - Ramanujganj, Chhattisgarh. ... Petitioner(s) versus State Of Chhattisgarh Through P.S. Balrampur, District - Balrampur - Ramanujganj, Chhattisgarh. ... Respondent(s) ---------------------------------------------------------------------------------------- For Appellant : Mr. A.S. Kachhwaha, Advocate For Respondent-State : Mr. Shashank Thakur, Dy. A.G. ----------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Bibhu Datta Guru, Judge 17.07.2025 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 06/08/2024, passed by the learned 2nd Additional Sessions Judge, Ramanujganj District Balrampur-Ramanuganj (C.G.) in Sessions Trial No. 41/2021, whereby JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.18 19:15:41 +0530 2 CRA No.1733 of 2024 the appellant-accused has been convicted and sentenced as under:- Conviction Sentence Under Section 450 of IPC RI for 10 year and fine of Rs. 200/- in default of fine rigorous imprisonment for 3 months. Under Section 302 of the IPC R.I. for Life & fine of Rs.10,000/-, in default, additional R.I. for 6 months. 1. Brief facts of the case is that, the complainant (PW-1) had lodged a report at Ganesh Mor Chowki that, on the night of 08.12.2020 at about 9-10 pm, her elder brother (jeth) came to her house and called her husband Balwant Korwa outside. After this, her husband and the accused sat outside near the fire burning and started talking. After some time, a quarrel broke out between them. After mediating the quarrel, the accused Sakra Korwa went to his house and brought a knife and stabbed Balwant Korwa several times in the stomach of her husband and ran away. Due to the knife injury to Balwant, he was being taken to the District Hospital Balrampur for treatment, where he died. Thereafter, on the basis of information, merg was registered by the police vide Ex.P-12, spot map was prepared vide Ex.P-2 and FIR was registered vide Ex. P-8. After due investigation, police arrested the appellant vide Ex.P-17. On the basis of memorandum Ex.P-9, seizure of knife, blood stained soil and clothes was seized and sent for chemical examination to FSL. The dead-body of deceased was sent for postmortem examination and in the 3 CRA No.1733 of 2024 postmortem examination report (Ex.P-6), Dr.Arun Kumar (PW-10) opined that the cause of death is hemorrhagic shock due to excessive bleeding and the nature of death is homicidal. After completing the investigation, the final report was prepared. 2. The prosecution in order to prove its case examined as many as 17 witnesses and exhibited 20 documents and FSL report as C/01. Statement of the appellant under Section 313 of CrPC was recorded wherein he denied guilt, however, he examined none in his defence and did not bring any document in his support either. 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 learned trial court has erred in holding the appellant guilty for the offence as aforementioned. He further submits that there is contradictions in the statement of the eye witness. He submits that the prosecution story has been concocted and it is artificial just to falsely implicate appellant to give a bad shape to the rivalry. He further submits that trial court has erred and not taken into 4 CRA No.1733 of 2024 consideration that PW-1 (eye witness), the complainant herself, has turned hostile and not supported the case of the prosecution. 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. 6. We have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 7. The first and foremost question is as to whether the death of the deceased was homicidal in nature, which the learned trial Court has recorded in affirmative by taking into consideration the oral and documentary evidence available on record and particularly considering the postmortem report (Ex.P-06) which is duly proved by the evidence of Dr. Arun Kumar (PW-10). Accordingly, taking into consideration the postmortem report (Ex.P-06) and the statement of Dr. Arun Kumar (PW-10) that the nature of death of deceased was homicidal in nature, we are of the considered opinion that the learned trial Court is absolutely justified in holding that the death of the deceased is homicidal in nature, as the same 5 CRA No.1733 of 2024 is correct finding of fact based on evidence and same is neither perverse nor contrary to the record. Accordingly, we hereby affirmed the said finding. 8. Now the next question would be whether the accused-appellant herein is the author of the crime in question ? 9. PW-1, Shivmaniya Korwa, wife of deceased, eye witness in the present case, stated in her examination in chief that they were basking in the fire, at that time the accused came and stabbed her husband with the help of knife in the stomach due to which a lot of blood was coming out. She further stated that thereafter Krishna from the neighbourhood called for a government vehicle and they took the deceased to Balrampur Hospital, where her husband was declared dead. She also stated that when the accused was stabbing her husband, she was with him and she saw the accused stabbing her husband. However, she has been declared hostile, as she has not supported the case of the prosecution. 10. PW-2 Rajminaya Korwa, mother of the deceased, stated that the incident took place about 2 years ago. On the day of the incident, the deceased Balwant was warming himself near the fire in the house and we were also together at that time. She further stated that the accused came from outside and stabbed Balwant 4-5 times with knife in the stomach due to which a lot of blood was 6 CRA No.1733 of 2024 coming out, then we called for a government vehicle to take him to the hospital and in the hospital he was declared dead. 11. PW3 Reena, niece of the deceased, eye witness in the present case, stated in her examination in chief that she knows the accused, he is her elder father in relation. The deceased Balwan Korwa was her uncle. She further stated that the incident is of 08.12.2020, at 8 pm, she had gone to her cousin Dhanmania's house to sleep after having dinner. In Dhanmania's house, they all were sitting and warming themselves by the fire, when the accused Sakra came after drinking alcohol and started fighting with her uncle deceased Balwan and when they intervened, then the accused Sakra went to his house, then after five to ten minutes he came with a knife and stabbed her uncle Balwan in the stomach with a knife. She also stated particularly that she saw the accused stabbing her uncle. 12. PW-4 Dhanmaniya, daughter of the deceased stated that she know the accused Sakra Korwa, he is her elder father by relation and the deceased Balwan Korwa was her father. She further stated that the incident took place about two years ago, it was about eight-nine o'clock at night. She was in her house. After having dinner at night, they were sitting and warming themselves by the fire, then the accused Sakra came after drinking alcohol and started fighting with her father deceased Balwan, and when 7 CRA No.1733 of 2024 they intervened, then the accused Sakra went to his house, then about ten minutes later he brought a knife from his house and stabbed her father Balwan twice in the stomach with a knife and ran away from there. She particularly stated that she saw the accused stabbing her father. 13. Dr. Arun Kumar (PW-10), who conducted the postmortem of deceased, in an external examination found that there was three stab wounds in his stomach. The length and width of all three were 2 inches x 0.5 inches. There was a stab wound on the right side of the back whose length and width were 1x0.5 inches and opined that the deceased died due to hemorrhagic shock caused by excessive bleeding and the nature of death was homicidal. 14. On the basis of memorandum statement of appellant vide Ex.P- 10 & 11, weapon i.e. knife, blood stained soil and vide Ex.P-13 clothes were seized which was sent for chemical examination to FSL and in the FSL report (C/01), it is mentioned that the blood stains were found on the clothes, soil and also on the weapon used in the offence, i.e. knife. 15. Considering the statements of eye witnesses- PW1, PW2,PW3 and PW4, who were present on the spot when the appellant was assaulting the deceased by means of knife and thereafter he fled away from the spot, we hereby accept the finding recorded by the trial Court that it is the appellant-accused who assaulted Balwant 8 CRA No.1733 of 2024 Korwa(deceased) by which he suffered grievous injuries and died. As such, the finding recorded by the trial Court that the appellant has caused the injuries upon the deceased is based on evidence available on record and accordingly, we hereby affirm the finding recorded by the learned trial Court that the appellant-accused is the author of the crime in question. 16. In view of foregoing discussion, we are the of the considered opinion that the learned trial Court has rightly convicted the appellant for offence under Sections 450 and 302 of IPC. 17. The appellant is stated to be in jail and he shall serve out the remaining period of jail sentence as awarded to him by the learned trial Court. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing the jail sentence to serve the same on 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. 18. Accordingly, the Criminal Appeal is dismissed. 19. 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/- Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Judge Jyoti/ Gowri