1 2025:CGHC:14910 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 482 of 20 07 • Dilip Kumar Tigga S/o Patrik Tigga aged about 20 years, Occupation – Agriculturist, R/o Village – Sithora, Police Station – Dharamjaigarh, District – Raigarh, Chhattisgarh. ... Appellant versus • State of Chhattisgarh, Through: Police Station – Dharamjaigarh, District – Raigarh, Chhattisgarh. ... Respondent For Appellant : Mr. Ashish Gupta, Advocate. For Respondent/State : Mr. Vivek Mishra, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 27 / 03 /202 5 1 Pursuant to the non-bailable warrant dated 19.02.2025, the appellant was arrested on 20.03.2025 and kept in District jail, Raigarh. 2 The present appeal arises out of the impugned judgment of conviction and order of sentence dated 20.04.2007 passed by the learned 4th Additional Sessions Judge (FTC), Raigarh (C.G.), in Sessions Trial No. 84/2006 whereby the learned Judge has convicted and sentenced the appellant as under : Digitally signed by HEERA LAL SAHU Date: 2025.03.28 16:04:57 +0530 2 Conviction Sentence U/s 325 of IPC Rigorous imprisonment for 1 year with fine of Rs. 500/-, in default of payment of fine amount additional R.I. for 2 months. 3 The case of the prosecution, in brief, is that 09.05.2006 at about 21:00 hours, the appellant along with another co- accused Deepak came to the house of Rajesh (PW-4) and assaulted him with the help of rod and Baluwa, due to which victim-Rajesh sustained head injury. The matter was reported by Smt. Aarsen Tigga (PW-3), on the basis of which, FIR was lodged against the accused persons and after completion of investigation charge sheet was filed against the accused persons. 4 So as to hold the appellant guilty, the prosecution has examined as many as 16 witnesses and exhibited 16 documents. The statement of the appellant was also recorded under Section 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication in the case. 5 After hearing the parties, vide impugned judgment of conviction and order of sentence dated 20.04.2007, learned Judge has acquitted the appellant for the offence punishable under Section 307 of IPC. However, the appellant has been convicted and sentenced for the offence as mentioned in para-1 of this judgment. Hence, the present appeal. 6 Learned counsel for the appellant submits that he is not pressing the appeal so far as it relates to the conviction part of the judgment and would confine his argument to the sentence part thereof only. According to him, the incident is said to have taken place in the year 2006, and thereby more than 18 years have rolled by since then. At present, 3 the appellant is aged about 38 years and he has already remained in jail for about 18 days and he is still serving jail sentence as he has been arrested on 20.03.2025 in compliance of the order of this Court dated 19.02.2025, therefore, in the interest of justice, it would be appropriate if the sentence imposed upon him may be reduced to the period already undergone by him and the appellant may be released from jail by enhancing the fine amount imposed upon him. 7 Per contra, learned counsel appearing for the State, supporting the impugned judgment, opposed the arguments advanced on behalf of the counsel for appellant. 8 Heard learned counsel for the parties and perused the material available on record including the impugned judgment. 9 Dr. Bharatlal Bhagat (PW-11) conducted the MLC of victim Rajesh Tigga (PW-4) and gave his report vide Ex.10. According to the MLC report (Ex.P-10), the victim sustained two injuries out of which one injury was lacerated wound on left head sized 3x1½ cm and a bone was found fractured below the injury and the second injury was pain on left chest. Dr. Bharatlal Bhagat (PW-11) opined that the said injuries have been caused by a hard and blunt object. He also opined that injury number one was grievous, therefore, the injured was referred to the District Hospital, Raigarh, for x-ray and treatment. 10 Having gone through the material available on record and the evidence of the witnesses Vinsent Lakda (PW-1), Smt. Arsen Tigga (PW-3), victim, Rajesh Kumar Tigga (PW-4), Vinay Kumar Lakda (PW-5), Smt. Anita Kujur (PW-7), Dr. Bharatlal Bhagat (PW-11), Dr. Anil Kumar Kushwaha (PW- 14) and R.S. Rajput (PW-16), establishes the involvement of the appellant in the crime in question. This Court does not 4 see any illegality in the findings recorded by the Trial Court as regards conviction of the appellant for the offence punishable under Section 325 of IPC. 11 As regards sentence, keeping in view the facts that the incident had taken place in the year 2006 about 18 years ago and further considering the facts and circumstances of the case and also considering the grievousness of the injury caused by the appellant to the victim, this court believes that the ends of justice would be served if the sentence of the appellant reduced from rigorous imprisonment for 1 year for the offence punishable under Section 325 of IPC. 12 In view of the above consideration, the sentence of the appellant is hereby reduced to R.I. for 4 months from R.I. for 1 year for the offence punishable under Section 325 of the IPC. However, the fine imposed by the learned trial Court upon the appellant shall remain intact with the default stipulation. 13 The appellant shall undergo his remaining jail sentence as imposed by this Court today. The jail sentence already served by the appellant shall be adjusted. 14 Consequently, the appeal is allowed in part to the extent indicated hereinabove. 15 Let a certified copy of this judgment along with the original record be transmitted forthwith to the trial Court concerned and to the Superintendent of Jail where he lodged and suffering jail sentence for information and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) JUDGE H.L. Sahu