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High Court Of ChhattisgarhCRA/167/2008disposed off

Govind Prasad v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.A No. 167 of 2008 • Govind Prasad, S/o Ishwar Das Panika, aged about 39 years, Resident of Junapara Pampapur, Police Station Surajpur, District - Sarguja, (C.G.) ---- Appellant

Versus

• State Of Chhattisgarh, through : P. S. Surajpur, District Ambikapur, (C.G.) ---- Respondent _________________________________________________________ For Appellant : None For Respondent/State : Smt. M. Asha, P. L . 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 with Rigorous Imprisonment for 8 years and fine of Rs. 1000/- with default stipulation.

2. A certificate of incarceration sent by the Jail Superintendent, Central Jail, Ambikapur would mention that the appellant has undergone the entire jail sentence imposed upon him by the Trial Court and already released from the Central Jail on

26.01.2011.

3. Since no one appears for the Appellant today, I decide this appeal on merits.

4. I have heard Learned Counsel appearing for the State and perused the record to assess the correctness of the impugned judgment of conviction.

5. The Appellant has allegedly attempted to commit murder of Biharee Cherwa (PW-11). In his deposition, Biharee Cherwa has fully supported the prosecution case and has firmly stood by the contents of his case diary statement, which is duly corroborated by Tulsi Bai (PW-9), wife of Biharee Cherwa. Mother of Biharee Cherwa, Hinrodiya Bai (PW-12) has also supported the case of the prosecution. Medical reports (Ex- P2, P-3 and P-10) and the statements of Dr. M.K. Jain (PW-3 and Dr. S.L. Jaiswal (PW-1) have also supported 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 Pawan