{"id":216283,"date":"2010-09-16T00:00:00","date_gmt":"2010-09-15T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/shrichand-vs-state-of-chhattisgarh-on-16-september-2010"},"modified":"2015-05-19T20:07:29","modified_gmt":"2015-05-19T14:37:29","slug":"shrichand-vs-state-of-chhattisgarh-on-16-september-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/shrichand-vs-state-of-chhattisgarh-on-16-september-2010","title":{"rendered":"Shrichand vs State Of Chhattisgarh on 16 September, 2010"},"content":{"rendered":"<div class=\"docsource_main\">Chattisgarh High Court<\/div>\n<div class=\"doc_title\">Shrichand vs State Of Chhattisgarh on 16 September, 2010<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n             HIGH COURT OF CHATTISGARH AT BILASPUR      \n\n            Criminal  Appeal   259 OF 2004\n\n                    Shrichand\n                          ...Petitioners\n\n                           Versus\n\n                 State  of Chhattisgarh\n                              ...Respondents\n\n\n!                 Shri V P  Gupta\n\n^                Shri  Arun   Sao\n\n CORAM:         HONBLE MR T P SHARMA ,HONBLE   MR R L JHANWAR JJ            \n\n  Dated:   16\/09\/2010\n\n:  JUDGEMENT   \n<\/pre>\n<p>CRIMINAL APPEAL UNDER SECTION 374 2  CR P C         <\/p>\n<p>            The   following  judgment of  the  Court  was<\/p>\n<p> passed by T.P. Sharma, J:-\n<\/p>\n<p>  1.   Challenge  in  this appeal is to the  judgment  of<\/p>\n<p>       conviction and order of sentence dated 7\/1\/2004 passed by<\/p>\n<p>       First Additional Sessions Judge, Baloda Bazar C.G.  in<\/p>\n<p>       Sessions Trial No. 286\/2003 whereby and where under after<\/p>\n<p>       holding the appellant guilty for the commission of<\/p>\n<p>       offence of culpable homicide amounting to murder of his<\/p>\n<p>       son Chaitram convicted the appellant under Section 302 of<\/p>\n<p>       the Indian Penal Code and sentenced imprisonment for life<\/p>\n<p>       and fine of Rs. 1000\/- in default of payment of fine<\/p>\n<p>       amount additional rigorous imprisonment for 1 year.<\/p>\n<p>  2.   Conviction is impugned on the ground that  without<\/p>\n<p>       any iota of evidence sufficient for conviction of the<\/p>\n<p>       appellant, Court below has convicted and sentenced the<\/p>\n<p>       appellant as aforementioned and thereby committed an<\/p>\n<p>       illegality.\n<\/p>\n<p>  3.   As per case of the prosecution, on faithful night of<\/p>\n<p>       14\/6\/2003 at about 12.30 (0.30) appellant along with his<\/p>\n<p>       son Chaitram and another child were present in his house<\/p>\n<p>       at village Kusumi. Present appellant assaulted his son<\/p>\n<p>       Chaitram and caused repeated injuries over his body and<\/p>\n<p>       caused instantaneously death of Chaitram. Appellant<\/p>\n<p>       bolted the room from out side the house where other<\/p>\n<p>       children  were also present. Appellant went to the Police<\/p>\n<p>       Station Palari with blood stained axe, his body and<\/p>\n<p>       cloths were stained with blood. Police Officers  have<\/p>\n<p>       directed one Police Officer to find out the truth who<\/p>\n<p>       went to the village thereafter some villagers went to the<\/p>\n<p>       house of appellant and saw the dead body of Chaitram<\/p>\n<p>       inside the room. They went to Police Station where<\/p>\n<p>       appellant was present they called the appellant and<\/p>\n<p>       inquired then he made extrajudicial confession that he<\/p>\n<p>       has committed the murder of his son Chaitram same was<\/p>\n<p>       recorded vide Ex. P-9 thereafter PW3 Madandas lodged<\/p>\n<p>       First Information Report vide Ex. P-5. Marg was recorded<\/p>\n<p>       vide Ex. P-6. Investigating Officer left for scene of<\/p>\n<p>       occurrence and after summoning the witnesses vide Ex. P-<\/p>\n<p>       13, inquest over the dead body of deceased Chaitram was<\/p>\n<p>       prepared vide Ex. P-14. Blood stained axe and blood<\/p>\n<p>       stained towel were seized from the appellant vide Ex. P-<\/p>\n<p>       15. Dead body was sent for autopsy to Community Health<\/p>\n<p>       Center  Palari vide Ex. P-2A. PW2 Dr. F.R.  Nirala<\/p>\n<p>       conducted autopsy vide Ex. P-2 and found following<\/p>\n<p>       injuries:-\n<\/p>\n<blockquote><p>            (i) One incised wound of 4 + &#8221; x  3 +&#8221;<br \/>\n            over  neck  on  the ground  of  repeated<br \/>\n            injury.   Injury   was   appearing    as<br \/>\n            lacerated  wound. Tracia   and  internal<br \/>\n            part of neck was found cut.\n<\/p><\/blockquote>\n<blockquote><p>            (ii) Incised wound of 2&#8221; x 1&#8221; x 1 + `&#8217;<br \/>\n            over left cheek. Jaw was also found cut.\n<\/p><\/blockquote>\n<blockquote><p>            (iii) Incised wound of 2&#8221; x 1&#8221; x 1 +&#8221;<br \/>\n            over chin. Bone was also found cut.\n<\/p><\/blockquote>\n<blockquote><p>            (iv)  Incised wound of 2 x 1&#8221; x  1  +&#8221;<br \/>\n            over left ear. Jaw was also found cut.\n<\/p><\/blockquote>\n<blockquote><p>            (v)  Incised wound of  2&#8221; x 1&#8221; x 1 +&#8221;<br \/>\n            over back of the neck.\n<\/p><\/blockquote>\n<blockquote><p>            (vi) Incised wound of 2&#8221; x 1&#8221; x 1  +&#8221;<br \/>\n            over  left  wrist. Ulna  bone  was  also<br \/>\n            found fracture.\n<\/p><\/blockquote>\n<blockquote><p>            (vii) Incised wound of 2&#8221; x 1&#8221; x 1 +&#8221;<br \/>\n            over  right palm.\n<\/p><\/blockquote>\n<blockquote><p>            (viii) Incised wound of 1 +&#8221; x + c.m. x<br \/>\n            + c.m. near left eye.\n<\/p><\/blockquote>\n<blockquote><p>            (ix)  One incised wound of 1&#8221; x  +&#8221;  x<br \/>\n            +&#8221; over forehead.\n<\/p><\/blockquote>\n<blockquote><p>                   Mode of death was shock and death<br \/>\n            was homicidal in nature.\n<\/p><\/blockquote>\n<p>  4.   Spot map was prepared vide Ex. P-1. Appellant  was<\/p>\n<p>       sent for medical examination vide Ex. P-3A who was<\/p>\n<p>       examined by  PW2 Dr. F.R. Nirala vide Ex. P-3 and blood<\/p>\n<p>       was found over the body of appellant, blood  was taken<\/p>\n<p>       out with the help of cotton and was sealed. Axe was also<\/p>\n<p>       examined by doctor vide Ex. P-4 same was stained with<\/p>\n<p>       blood. Blood stained and plain soil were recovered from<\/p>\n<p>       the spot vide Ex. P-7. Blood stained shirt, bed-sheet and<\/p>\n<p>       other cloths of deceased and cotton stained with blood<\/p>\n<p>       found over the body of appellant were sealed vide Ex. P-<\/p>\n<p>       16. Seized articles were sent for chemical examination<\/p>\n<p>       Vide Ex. P-18. Presence of blood was confirmed vide Ex. P-<\/p>\n<p>       22 on axe, towel and cotton by the Forensic Science<\/p>\n<p>       Laboratory Raipur.\n<\/p>\n<p>  5.   Statements  of  the witnesses were recorded  under<\/p>\n<p>       Section 161 of the Code of Criminal Procedure, 1973 (in<\/p>\n<p>       short `the Code&#8217;). After completion of the investigation<\/p>\n<p>       charge sheet was filed before the Judicial Magistrate<\/p>\n<p>       First Class, Baloda Bazar who in turn committed the case<\/p>\n<p>       to the Court of Sessions, Raipur from where Learned First<\/p>\n<p>       Additional Sessions Judge, Baloda Bazar  received the<\/p>\n<p>       case on transfer for trial.\n<\/p>\n<p>  6.   In order to prove the guilt of the appellant\/accused<\/p>\n<p>       prosecution examined as many as 10 witnesses. Accused was  <\/p>\n<p>       examined under Section 313 of the Code where he denied<\/p>\n<p>       the circumstances appearing against him, innocency and<\/p>\n<p>       false implication is claimed. He has taken specific<\/p>\n<p>       defence that in the intervening night of 13-14\/6\/2007 his<\/p>\n<p>       son Chaitram was killed by some person, he went to police<\/p>\n<p>       station for lodging report but he was detained by police<\/p>\n<p>       and was falsely implicated.\n<\/p>\n<p>  7.     After affording an opportunity of hearing to the<\/p>\n<p>       parties learned First  Additional Sessions Judge, Baloda<\/p>\n<p>       Bazar   convicted and sentenced the  appellant  as<\/p>\n<p>       aforementioned.\n<\/p>\n<p>8.   Learned counsel for the appellant V.P. Gupta and<br \/>\nlearned G.A.  for the State\/respondent Arun Sao are<br \/>\nheard. Judgment impugned and record of Court below<br \/>\nperused.\n<\/p>\n<p>  9.   Learned counsel for the appellant vehemently argued<\/p>\n<p>       that conviction of the appellant is substantially based<\/p>\n<p>       on the evidence of persons before whom present appellant<\/p>\n<p>       made extrajudicial confession vide Ex. P-9 but as per<\/p>\n<p>       evidence of PW10 Investigating Officer  C.D. Lahre  he<\/p>\n<p>       was present at the time of recording such extrajudicial<\/p>\n<p>       confession Ex. P-9 and same was recorded in the police<\/p>\n<p>       station premises therefore, same is hit by under Sections<\/p>\n<p>       25 &amp; 26 of the Evidence Act except aforesaid evidence<\/p>\n<p>       prosecution has not collected any evidence against the<\/p>\n<p>       appellant therefore conviction and sentence of the<\/p>\n<p>       appellant is not sustainable under the law.<\/p>\n<p>  10.  On  the other hand, learned Govt. Advocate for the<\/p>\n<p>       State\/respondent opposed the appeal and submits that in<\/p>\n<p>       the present case as per evidence of the prosecution<\/p>\n<p>       accused himself had gone to police station for lodging<\/p>\n<p>       report. He was having blood stained axe and  injured dead<\/p>\n<p>       body  of his son Chaitram was found in his  house.<\/p>\n<p>       Witnesses has interrogated him although in Police Station<\/p>\n<p>       premises  but  for away from the Police  Officers.<\/p>\n<p>       Extrajudicial confession made to police is not admissible<\/p>\n<p>       in evidence and is hit by under Sections 25 &amp; 26 of the<\/p>\n<p>       Evidence Act but extrajudicial confession made in the<\/p>\n<p>       police station premises or any premises of police station<\/p>\n<p>       is not hit by under Sections 25 &amp; 26 of the Evidence Act.<\/p>\n<p>  11.  In  the  present  case appellant  was  immediately<\/p>\n<p>       examined by doctor. His body was stained with blood and<\/p>\n<p>       same was taken out with the help of cotton. His towel was<\/p>\n<p>       also seized, same was examined by Forensic Science<\/p>\n<p>       Laboratory and presence of blood over the body  of<\/p>\n<p>       appellant and towel which appellant was bearing was<\/p>\n<p>       confirmed Ex. P-20. Present appellant has not offered any<\/p>\n<p>       explanation to show that how his body was stained with<\/p>\n<p>       blood.  This alone circumstance is sufficient  for<\/p>\n<p>       connecting the appellant with crime in question and for<\/p>\n<p>       drawing an inference that appellant is a person who<\/p>\n<p>       culpable homicide amounting to murder of  his  son<\/p>\n<p>       Chaitram.\n<\/p>\n<p>  12.  In  order  to appreciate the argument advanced  on<\/p>\n<p>       behalf of the parties, we have examined the evidence<\/p>\n<p>       adduced on behalf of the prosecution.\n<\/p>\n<p>  13.  In the present case, homicidal death as a result of<\/p>\n<p>       multiple fatal injuries  found over the body of Chaitram<\/p>\n<p>       has not been substantially disputed on behalf of the<\/p>\n<p>       appellant on the other hand, otherwise also established<\/p>\n<p>       by the evidence of PW2 Dr. F.R. Nirala and autopsy report<\/p>\n<p>       Ex. P-2  which reveals that as many as 9 injures found<\/p>\n<p>       over the body of deceased  including fatal injures over<\/p>\n<p>       neck and scalp  and death was homicidal in nature.<\/p>\n<p>  14.  As  regard the complicity of appellant in crime in<\/p>\n<p>       question, conviction is based on circumstantial evidence.<\/p>\n<p>       As per the settled law in order to convict an accused<\/p>\n<p>       based on the circumstantial evidence, the Apex Court in<\/p>\n<p>       the case of Dhananjoy Chatterjee Vs. State of W.B.1 has<\/p>\n<p>       held that :-\n<\/p>\n<blockquote><p>             &#8220;In  a  case  based on  circumstantial<br \/>\n           evidence,  the circumstances from  which<br \/>\n           the  conclusion of guilt is to be  drawn<br \/>\n           have  not  only to be fully  established<br \/>\n           but  also that all the circumstances  so<br \/>\n           established  should be of  a  conclusive<br \/>\n           nature  and  consistent  only  with  the<br \/>\n           hypothesis of the guilt of the  accused.<br \/>\n           Those   circumstances  should   not   be<br \/>\n           capable of being explained by any  other<br \/>\n           hypothesis  except  the  guilt  of   the<br \/>\n           accused  and  the chain of the  evidence<br \/>\n           must be so complete as not to leave  any<br \/>\n           reasonable   ground   for   the   belief<br \/>\n           consistent  with  the innocence  of  the<br \/>\n           accused.  It  needs  no  reminder   that<br \/>\n           legally  established  circumstances  and<br \/>\n           not  merely indignation of the court can<br \/>\n           form  the  basis of conviction  and  the<br \/>\n           more  serious  the  crime,  the  greater<br \/>\n           should  be  the care taken to scrutinize<br \/>\n           the  evidence lest suspicion  takes  the<br \/>\n           place of proof.&#8221;\n<\/p><\/blockquote>\n<p>  15.  In  case  of  conviction based  on  circumstantial<\/p>\n<p>       evidence, as held by the Apex Court in the matter of C.<\/p>\n<p>       Changa Reddy v. State of A.P.2, the prosecution is<\/p>\n<p>       required to adduce evidence and such evidence must<\/p>\n<p>       satisfying the following tests: &#8211;\n<\/p>\n<blockquote><p>             i.   the circumstances from which an inference of guilt<br \/>\n               is sought to be drawn, must be cogently and firmly<br \/>\n               established;\n<\/p><\/blockquote>\n<p>ii.  those circumstances should of a definite tendency<br \/>\nunerringly pointing towards the guilt of the accused;\n<\/p>\n<blockquote><p>             iii. the circumstances taken cumulatively should form a<br \/>\n               chain so complete that there is no escape from the<br \/>\n               conclusion that within all human probability the crime<br \/>\n               was committed by the accused and none else; and<br \/>\n             iv.  the circumstantial evidence in order to sustain<br \/>\n               conviction must be complete and incapable of explanation<br \/>\n               of any other hypothesis than that of the guilt of the<br \/>\n               accused and such evidence should not only be consistent<br \/>\n               with the guilt of the accused but should be inconsistent<br \/>\n               with his innocence.\n<\/p><\/blockquote>\n<p>  16.  In  the  present case prosecution has  relied  the<\/p>\n<p>       following circumstances:-\n<\/p>\n<blockquote><p>           (i) Dead  body of deceased Chaitram was  found<br \/>\n               incised  the room of appellant in  injured<br \/>\n               condition.\n<\/p><\/blockquote>\n<blockquote><p>           (ii)  At the time of incident at night present<br \/>\n               appellant was present in the house at  the<br \/>\n               time of commission of such offence.\n<\/p><\/blockquote>\n<blockquote><p>           (iii)  Present  appellant has not offered  any<br \/>\n               explanation that how Chaitram died and who<br \/>\n               has caused injury to Chaitram.\n<\/p><\/blockquote>\n<blockquote><p>           (iv)  Present  appellant himself has  gone  to<br \/>\n               police  station along with  blood  stained<br \/>\n               axe for lodging report.\n<\/p><\/blockquote>\n<blockquote><p>           (v)    Present  appellant  made  extrajudicial<br \/>\n               confession to the witnesses.\n<\/p><\/blockquote>\n<blockquote><p>           (vi)  Body  of  present appellant was  stained<br \/>\n               with  blood  and  same  was  examined   by<br \/>\n               doctor.\n<\/p><\/blockquote>\n<blockquote><p>           (vii)  Blood  stained found over the  body  of<br \/>\n               appellant  was taken out with the help  of<br \/>\n               cotton  by the doctor and same was  sealed<br \/>\n               and sent for chemical examination.\n<\/p><\/blockquote>\n<blockquote><p>           (viii)  Blood  stained towel  which  appellant<br \/>\n               was  bearing was seized from the appellant<br \/>\n               by the Investigating Officer.\n<\/p><\/blockquote>\n<blockquote><p>           (ix)   Blood   stained  towel  and  axe   were<br \/>\n               examined  by Forensic   Science Laboratory<br \/>\n               and  presence of blood over axe and  towel<br \/>\n               seized   from  the  appellant  and   blood<br \/>\n               stained  cotton  taken from  the  body  of<br \/>\n               appellant were confirmed  vide Ex. P-22.\n<\/p><\/blockquote>\n<p>  17.  As  per  evidence of PW2 Dr. F.R.  Nirala  he  has<\/p>\n<p>       examined appellant Shrichand on 14\/6\/03 vide Ex. P-3 no<\/p>\n<p>       injury was found over his body but his body was stained<\/p>\n<p>       with blood specially blood was found over both side of<\/p>\n<p>       the chest, finger of left hand, both the legs, both the<\/p>\n<p>       toe which was taken out for the help of cotton and was<\/p>\n<p>       sealed and handed over to the Constable. He has also<\/p>\n<p>       examined axe which was stained with blood Ex. P-4. In his<\/p>\n<p>       cross examination he has explained that if the person<\/p>\n<p>       caught hold the person who would be in bleeding condition<\/p>\n<p>       even blood stained found on the body of the appellant<\/p>\n<p>       would not be possible but stained may be occurred if the<\/p>\n<p>       person will be present in close distance with the person<\/p>\n<p>       whom other persons has caused injury.\n<\/p>\n<p>  18.  PW3 Madandas, PW7 Kejuram, PW8 Sukhelal Ratre have     <\/p>\n<p>       deposed in their evidence that they came to know that son<\/p>\n<p>       of appellant Chaitram has been murdered then they went to<\/p>\n<p>       the house of appellant thereafter they went to the police<\/p>\n<p>       station where appellant was present with axe. They called<\/p>\n<p>       the appellant and asked in absence of police then he told<\/p>\n<p>       and made extrajudicial confession that he has committed<\/p>\n<p>       murder of  his son Chaitram which they recorded Ex. P-9.<\/p>\n<p>  19.  Defence has cross examined these witnesses at length<\/p>\n<p>       in which they have specifically deposed that after<\/p>\n<p>       calling the appellant in separate place in police station<\/p>\n<p>       premises they have interrogated the appellant  and<\/p>\n<p>       appellant has made extrajudicial confession before them<\/p>\n<p>       although PW10 Investigating Officer  C.D. Lahre has<\/p>\n<p>       deposed in Para-9 of his evidence that at the time of<\/p>\n<p>       recording  such Panchnama Ex. P-9 he was  present.<\/p>\n<p>       Definitely, in the present case Investigating Officer<\/p>\n<p>       himself has directed the villagers to inquire from<\/p>\n<p>       appellant and appellant himself present in the police<\/p>\n<p>       station with blood stained axe, appellant has not made<\/p>\n<p>       any extrajudicial confession to police but statement of<\/p>\n<p>       PW10 Investigating Officer  C.D. Lahre reveal that he was<\/p>\n<p>       recorded extrajudicial confession made by appellant in<\/p>\n<p>       his presence therefore only extrajudicial confession made<\/p>\n<p>       by appellant to witnesses would not be safe for drawing<\/p>\n<p>       definite conclusion that too relating to complicity of<\/p>\n<p>       appellant in crime in question. Evidence of aforesaid<\/p>\n<p>       witnesses including presence of  PW10 Investigating<\/p>\n<p>       Officer  C.D. Lahre and defence taken by the appellant<\/p>\n<p>       reveal that present appellant himself had gone to police<\/p>\n<p>       station he was present at police station and was holding<\/p>\n<p>       blood stained axe. As per evidence of doctor blood<\/p>\n<p>       stained was found on different part of the body of<\/p>\n<p>       appellant which was taken out with the help of cotton.<\/p>\n<p>       Chemical examination report reveal that blood  was<\/p>\n<p>       confirmed on the cotton, axe and cloths which  the<\/p>\n<p>       appellant was bearing although blood group has not been<\/p>\n<p>       detected by the Chemical Examiner.\n<\/p>\n<p>  20.  In  the  present  case present appellant  has  not<\/p>\n<p>       offered any explanation that how blood was found over his<\/p>\n<p>       body and in his cloths, who  was present in the house at<\/p>\n<p>       night and who had caused injuries to his son Chaitram as<\/p>\n<p>       suggestion given by the defence to PW2 Dr. F.R. Nirala in<\/p>\n<p>       Para-9 of his evidence, he has also not offered any<\/p>\n<p>       explanation that who has caused injures to his son<\/p>\n<p>       Chaitram or who was standing near his son Chaitram at the<\/p>\n<p>       time of causing such injury. Appellant was present<\/p>\n<p>       incised the house along with his son Chaitram at the time<\/p>\n<p>       of commission of such incident who was under obligation<\/p>\n<p>       to explain the circumstances in terms of under Section<\/p>\n<p>       106 of the Evidence Act but present appellant has not<\/p>\n<p>       offered any explanation while along with the question of<\/p>\n<p>       offence  committed in secrecy  and requirement  of<\/p>\n<p>       explanation.\n<\/p>\n<p>  21.  As  held  by the Apex Court in the case of Trimukh<\/p>\n<p>       Maroti Kirkan v. State of Maharashtra3, in case murder<\/p>\n<p>       committed in secrecy inside a house, the initial burden<\/p>\n<p>       to establish the case would undoubtedly be upon the<\/p>\n<p>       prosecution, but the nature and amount of evidence to be<\/p>\n<p>       led by it to establish the charge cannot be of the same<\/p>\n<p>       degree as is required in other cases of circumstantial<\/p>\n<p>       evidence.  Para 15 of the said judgment reads as under:-<\/p>\n<p>          &#8220;15.   Where  an  offence  like  murder   is<br \/>\n          committed  in  secrecy inside a  house,  the<br \/>\n          initial  burden to establish the case  would<br \/>\n          undoubtedly be upon the prosecution, but the<br \/>\n          nature  and amount of evidence to be led  by<br \/>\n          it  to establish the charge cannot be of the<br \/>\n          same degree as is required in other cases of<br \/>\n          circumstantial evidence. The burden would of<br \/>\n          a  comparatively lighter character. In  view<br \/>\n          of  Section  106 of the Evidence  Act  there<br \/>\n          will  be  a  corresponding  burden  on   the<br \/>\n          inmates  of  the  house  to  give  a  cogent<br \/>\n          explanation   as  to  how  the   crime   was<br \/>\n          committed.  The inmates of the house  cannot<br \/>\n          get   away  by  simply  keeping  quiet   and<br \/>\n          offering  no  explanation  on  the  supposed<br \/>\n          premise  that  the burden to  establish  its<br \/>\n          case lies entirely upon the prosecution  and<br \/>\n          there  is  no duty at all on an  accused  to<br \/>\n          offer any explanation.&#8221;\n<\/p>\n<p>  22.  In  absence of any explanation the only  inference<\/p>\n<p>       would be possible that present appellant is a person who<\/p>\n<p>       has committed the offence and is author of the crime and<\/p>\n<p>       except appellant no other person has committed the<\/p>\n<p>       offence.\n<\/p>\n<p>  23.  If aforesaid circumstances are considered together<br \/>\n       then only inference would be possible that present<br \/>\n       appellant alone has committed the culpable homicide<br \/>\n       amounting to murder of his son Chaitram and other than<br \/>\n       the appellant nobody has committed the aforesaid offence.\n<\/p>\n<p>  24.  After appreciating, the evidence available on record<\/p>\n<p>       learned First Additional Sessions Judge, Baloda Bazar<\/p>\n<p>       has rightly convicted and sentenced the appellant as<\/p>\n<p>       aforementioned.  The conviction and sentence of the<\/p>\n<p>       appellant is based on legal, clinching and credible<\/p>\n<p>       evidence and  is sustainable under the law.<\/p>\n<p>  25.  On  close scrutiny of the evidence, we do not find<\/p>\n<p>       any  illegality or infirmity in the conviction and<\/p>\n<p>       sentence of the appellant. The appeal is devoid of<\/p>\n<p>       merits. Consequently, criminal appeal is liable to be<\/p>\n<p>       dismissed and is hereby dismissed.\n<\/p>\n<\/p>\n<p>                                                   JUDGE<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Chattisgarh High Court Shrichand vs State Of Chhattisgarh on 16 September, 2010 HIGH COURT OF CHATTISGARH AT BILASPUR Criminal Appeal 259 OF 2004 Shrichand &#8230;Petitioners Versus State of Chhattisgarh &#8230;Respondents ! Shri V P Gupta ^ Shri Arun Sao CORAM: HONBLE MR T P SHARMA ,HONBLE MR R L JHANWAR JJ Dated: 16\/09\/2010 : JUDGEMENT [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[12,8],"tags":[],"class_list":["post-216283","post","type-post","status-publish","format-standard","hentry","category-chattisgarh-high-court","category-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Shrichand vs State Of Chhattisgarh on 16 September, 2010 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/shrichand-vs-state-of-chhattisgarh-on-16-september-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Shrichand vs State Of Chhattisgarh on 16 September, 2010 - Free Judgements of Supreme Court &amp; 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