1 2025:CGHC:5299 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 120 of 2021 Rakesh Kumar Gupta, S/o Late Heeralal Gupta, Aged About 38 Years R/o - Village - Bazarpara, Patna, Police Station - Patna, District - Koriya, Chhattisgarh. ... Appellant. versus State Of Chhattisgarh, Through - Police Station - Patna, District - Koriya, Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------- For Appellant : Mr. Pawan Shrivastava, Advocate For Respondent-State : Mr. Pranjal Shukla, PL. -------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Judgment on Board 29.01.2025 1. This criminal appeal has been preferred by appellant against the judgment dated 16.12.2020, passed in Session Case No.58/2018 by learned Session Judge, (FTC), Koriya, at Baikunthpur, (CG), whereby appellant stands convicted and sentence as under: 2 Conviction Sentence Under Section 307 of the IPC. Rigorous imprisonment for 10 years & fine of Rs.1,000/-, in default of payment of fine, 03 months additional SI. Under Section 326 of the IPC. Rigorous imprisonment for 05 years & fine of Rs.500/-, in default of payment of fine, 03 months additional SI. Under Section 324 of the IPC. Rigorous imprisonment for 02 years & fine of Rs.500/-, in default of payment of fine, 03 months additional SI. 2. The prosecution case, in brief, is this that on 05.02.2018, appellant has assaulted his wife/Sarita Gupta, mother/Dropati Gupta, children (siddharth and Samridi) by means of Axe and Knife with intention to commit their murder. Based upon report, FIR was registered against the appellant he has been arrested. 3. On completion of investigation, challan/charge sheet was filed against the appellant and based upon which trial Court framed the charges against him. 4. Prosecution in order to prove its case examined total 10 witnesses. Statement of appellant (accused) was also recorded under Section 313 of CrPC in which he denied all incriminating evidence appearing against him, pleaded 3 innocence and false implication. However, no evidence was adduced by him in his defence. 5. After hearing learned counsel for the parties and appreciating the evidence available on record, the trial Court vide impugned judgment convicted and sentenced the accused/appellant in the manner as described in Para-1 of this judgment. Hence this appeal. 6. Learned counsel for the appellant submits that the impugned judgment is per se illegal and contrary to the evidence available on record as most of the prosecution witnesses have turned hostile and they have not supported the case of the prosecution. There are many contradictions and omissions in the statement of complainant/Nidhi Gupta and other prosecution witnesses, which was not considered properly by learned trial Court. The injuries suffered by the injured/victims are in simple in nature. There was family dispute between the parties regarding property. If the entire case of prosecution is taken as it then no offence under Sections 307, 326 & 324 of IPC is made out against the appellant. As such, the impugned judgment of conviction recorded and sentence awarded deserves to be set-aside. 7. On the other hand, learned counsel for the State supporting the impugned judgment and submits that there are specific 4 evidence/material available on record which shows that appellant has committed the alleged offence/crime. Being so, the impugned judgment is strictly in accordance with law and the present appeal is liable to be dismissed. 8. Heard learned counsel for the respective parties and perused the recorded placed on record. 9. With regard to the alleged incident, it has been stated by PW-1/Sarita Gupta (wife of appellant) in her evidence that appellant is addicted of consuming liquor and hemp (भांग), he usually used to fight while asking for money in the name of drinking alcohol. Even on the night before the incident, appellant quarreled with her in the name of asking for money to drink alcohol. On 05.02.2018 at about 04:30 - 5:00 am, appellant started assaulting her as well as his mother mother/Dropati Gupta, children (Siddharth and Samridhi) by means of Axe, due to assault, she (PW-1) suffered injuries on her cheek, back and shoulder; PW-2/Dropati Gupta suffered injuries in her hands, forehead, waist; Siddharth suffered injuries in his hand and Samridhi suffered injuries on various parts of her body, they were taken to the hospital. PW-1 further stated that she was admitted in the hospital for about 16-18 days for treatment. 5 10. PW-2/Dropati Devi (mother of appellant) in her evidence has stated that on the date of alleged incident, she heard the scream of her daughter-in-law (PW-1) and when she reached to her room, appellant came out from the room with axe and hit her by means of axe, due to which, she suffered injuries and become unconscious. 11. The statements of the above witnesses is also supported by PW-4/Samridhi Gupta (daughter of appellant) and PW-10/complainant Nidhi Gupta (wife of appellant’s younger brother). These witness have been cross-examined at length by the defence but they stuck to their version in the examination-in-chief and nothing could be elicited which makes their testimonies doubtful or unreliable. 12. Moreover, the evidence and injuries suffered by the injured/victims get corroboration from the medical evidence. Dr. Rakesh Soni (PW-3) in his evidence has stated that injuries suffered by PW-1/Sarita Gupta on her cheek and shoulder are serious in nature and it had been caused by sharp edged weapon. If she has not treated on time, she may be died. 13. Considering facts of the case, submissions of counsel for the parties, nature of offence or injuries suffered by the victims/injured, particularly the evidence of the family 6 members of the appellant including the medical evidence and other material/evidence available on record, this Court is of the considered view that learned trial Court has rightly convicted the appellant for the aforementioned offence/crime. 14. Accordingly, the instant appeal is hereby dismissed. Sd/- (Arvind Kumar Verma) JUDGE J/-