High Court Of ChhattisgarhCRA/356/2008dismissed

Deepak Singh v. State Of Chhattisgarh

2017-11-04Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 356 of 2008 • Deepak Singh aged about 23 years, S/o Shri Mannu Singh Kanwar, R/o Near Lucky Bharat Garrage, Pandari, Raipur Police Station Pandari (Raipur) District Raipur (Chhattisgarh). ---- Appellant

Versus

• State of Chhattisgarh Through-Police Station House Pandari, District Raipur, Chhattisgarh. ---- Respondent For Appellant : None.

For Respondent : Smt. M. Asha, Panel Lawyer for the State. Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 04/11/2017

1. The Appellant has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 1,000/-, with default stipulation.

2. A certificate of incarceration sent by the Jail Superintendent, Central Jail, Raipur (Chhattisgarh) would mention that the Appellant has undergone the entire jail sentence imposed upon him by the Trial Court and already released on 15-08-2010.

3. Since no one appears for the Appellant today, therefore, I decide

the appeal on merits.

4. I have heard learned Counsel appearing for the State and perused the impugned judgment to assess its correctness.

5. The appellant has allegedly attempted to commit murder of Devdas (PW1). In his deposition, Devdas (PW1) has fully supported the prosecution case and has firmly stood by the contents of his case diary statement. His statement is duly corroborated by Ravi Kumar Nirmalkar (PW3), Lav Nirmalkar (PW4), Raju Sahu (PW6), Anil Tondan (PW9), Sadhan Bai (PW2), mother of injured Devdas. Dehati Nalishi (Ex. P3) has been lodged by Sadhan Bai (PW2). She has supported the above version of the prosecution. Medical reports (Ex. P7, P8 & P18) and the statements of Dr. V. Datta (PW10) and Dr. Sunita Meshram (PW13) also support the case of the prosecution.

6. Considering the material available on record, I do not find any merit in this appeal.

7. Consequently, the appeal deserves to be and is hereby dismissed. [[ Sd/- (Arvind Singh Chandel) Judge Shubham