High Court Of ChhattisgarhCRA/228/2009dismissed

Sonaram v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 228 of 2009 • Sonaram, S/o Bhagwan Singh Kamar, aged about 32 years, Resident of Village Katakuridih, P.S.-Arjuni, Distt-Dhamtari, (C.G.) ---- Appellant

Versus

• State of Chhattisgarh Through-P.S. Arjuni.

---- 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 Sections 307 and 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and 3 years and to pay fine of Rs. 3,000/- and Rs. 1000/- respectively, 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 16-02-2013.

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 record to assess the correctness of the impugned judgment of conviction.

5. The appellant has allegedly attempted to commit murder of his mother Sukhmati (PW7) and his step father Shrilal (PW8). Sukhmati and Shrilal have fully supported the case of the prosecution. They have firmly stood by the contents of their case diary statements, which are duly corroborated by Guhledram (PW1), Bharatlal (PW2), Faguram (PW3) and Sanjay Kumar Soni (PW4). They have categorically stated that soon after the incident they had seen both injured Shrilal & Sukhmati. They have further stated that Shrilal & Sukhmati had intimated about the incident and told them that they have been assaulted by the appellant. Medical reports (Ex.P8 to P13) and statement of Y.K Singh (PW5) also support the case of the prosecution. As per the disclosure statement of the appellant, a tangiya was seized from the appellant vide Exhibit P7.

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