Chattisgarh High Court
State Of Chhattisgarh vs Vikky @ Vikas Kediya on 20 January, 2016
Bench: Chief Justice, P. Sam Koshy
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Cr.M.P No. 41 of 2016
State Of Chhattisgarh Through The Station House Officer, Police
Station Khamhariya, District Bemetara Chhattisgarh.
---- Petitioner
Versus
1. Vikky @ Vikas Kediya S/o Basant Kediya Aged About 28 Years
Occupation Agriculturist, R/o Ward No. 13, Khamhariya, Police Station
Khamhariya, District Bemetara Chhattisgarh.
2. Monu @ Amit Kediya S/o Goutam Kediya Aged About 25 Years
Occupation Shopkeeper, R/o Ward No. 13, Khamhariya, Police Station
Khamhariya, District Bemetara Chhattisgarh.
3. Goutam Kediya S/o Baldev Kediya Aged About 50 Years Occupation
Cloth Merchant, R/o Ward No. 13, Khamhariya, Police Station
Khamhariya, District Bemetara Chhattisgarh.
------Respondents
For Appellant/State: Shri B. Gopa Kumar, Deputy Advocate General.
For Respondent: None.
Hon'ble The Chief Justice Hon'ble Shri Justice P. Sam Koshy Judgment on Board Per Navin Sinha, Chief Justice 20/1/2016
1. The present appeal assails acquittal of the Respondents dated 29.9.2015 of the charge under Section 307 IPC by the Sessions Judge, Bemetara in Sessions Trial No.41/2012.
2. Learned Counsel for the State submits that due to the assault by a sharp weapon, one of the eyes of the victim was permanently damaged.
3. We are not satisfied that it will attract the offence under Section 307 IPC when conviction has already been ordered under Section 325/34 IPC.
4. This shall be without prejudice to the rights of the victim in accordance 2 with law.
5. We find not reason to grant leave to appeal.
6. The application is dismissed.
Sd/- Sd/-
(Navin Sinha) (P. Sam Koshy)
CHIEF JUSTICE JUDGE
Priya