High Court Of ChhattisgarhCRR/163/2008dismissed

Kavi Sharan Verma v. State Of Chhattisgarh And ORS.

2019-11-22Hon'Ble Shri Justice Prashant Kumar Mishra,Hon'Ble Shri Justice Gautam Chourdiya2 pages

CRR No. 163 of 2008 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 163 of 2008 • Kavi Sharan Verma, S/o Shri Nakul Singh Verma, aged about 31 years, R/o Village Aamandula, PS Malkharouda, District Janjgir Champa (CG) ---- Applicant

Versus

1. State Of Chhattisgarh, through Police Station Malkharouda, District Janjgir Champa (CG)

2. Bharat Lal, S/o Billu @ Bilwa Shrivas, aged about 46 years, R/o Village Aamandula, Police Station Malkharouda, District Janjgir Champa (CG) ---- Respondent For Applicant : Shri Akshay Uppal, Advocate.

For Respondent/State : Shri Aditya Sharma, PL. Hon'ble Shri Prashant Kumar Mishra & Hon'ble Shri Gautam Chourdiya , JJ Order On Board By Prashant Kumar Mishra, J 22/11/2019 :

1. This revision application is directed against the trial Court's judgment whereby accused Bharat Lal has been convicted for offence under Section 324 of the IPC for causing injuries by means of knife to applicant Kavi Sharan Verma. The other accused persons have been convicted for offence under Section 323 of the IPC.

2. This revision application has been admitted against respondent No.2 Bharat Lal alone.

3. Bharat Lal caused injuries on the person of the injured/applicant by

CRR No. 163 of 2008 means of knife causing 7 superficial incised wounds. One Dr. Renuka Singh has conducted MLC and thereafter answered query as mentioned in the query report that even if the injured was not provided treatment immediately, there was no danger to his life because all the injuries were superficial being skin deep only. Dr. Renuka Singh having left the Government job and shifted to Belgium, the report prepared by her vide Ex.-P/20 and the query report (Ex.-P/22) has been proved by (PW-10) Dr. R.P. Kurre.

4. Considering the clear evidence of (PW-10) Dr. R.P. Kurre, the trial Court has rightly held respondent No.2 Bharat Lal to be guilty of offence under Section 324 of the IPC, as ingredients of offence under Section 307 of the IPC are missing.

5. The Revision Application is therefore liable to be and is hereby dismissed.

Sd/- Sd/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Barve