1 2025:CGHC:6059 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 626 of 2007 {Arising out of judgment dated 28.06.2007 passed in Sessions Trial No.337/2006 by the learned First Additional Sessions Judge, (F.T.C.) Ramanujganj, Surguja} 1. Hairani Yadav (Deleted) 2. Sushil @ Babua, S/o. Hairani Yadav, Aged About 21 Years. 3. Vinod Yadav, S/o. Hairani Yadav, Aged About 26 Years. (All Resident of Village Nawadih, Police Station- Basantpur, District Surguja, Chhattisgarh. ... Appellants. versus State Of Chhattisgarh, Through Police Station- Basantpur, District Surguja, Chhattisgarh. ... Respondent For Appellants No.2 & 3 : Mr. Rishi Rahul Soni, Advocate For Respondent : Dr. Surendra Kumar Dewangan, Panel Lawyer (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.02.04 10:31:40 +0530 2 Judgment on Board (03.02.2025) Sanjay K. Agrawal, J. 1. Since Appellant No.1 (Hairani Yadav) has died on 14.01.2022 during pendency of this appeal, the appeal with respect to Appellant No.1 stands abated and the appeal is now being considered and decided only so far as Appellant No.2 & 3 are concerned. 2. This criminal appeal preferred by the appellants under Section 374(2) of Cr.P.C. is directed against the impugned judgment dated 28.06.2007, passed by the learned First Additional Sessions Judge (F.T.C.) Ramanujganj, Surguja, in Sessions Trial No.337/2006, by which the appellants have been convicted for offence under Section 325 read with Section 34 of Indian Penal Code and sentenced to undergo simple imprisonment of 9 months with fine of Rs.100/- each and in default of payment of fine, additional simple imprisonment of 1 month to each appellants. 3. Case of the prosecution, in brief, is that on 08.04.2006 at about 7:00 P.M., at village Nawadih, Police Station, Basantpur, District Surguja, the three appellants assaulted Sanjay (PW-1) his father Gulab (PW-2) and brother Babulal (PW-3) by dangerous weapon, by which they suffered 3 grievous injuries and thereby the offence has been committed. 4. The trial Court after appreciating the evidence of PW-1, PW-2 & PW-3, convicted the appellants under Section 325 read with Section 34 of I.P.C. and sentenced as above. 5. Mr. Rishi Rahul Soni, learned counsel for the appellants No.2 & 3, would submit that considering the medical evidence available on record, dangerous weapon was not used for commission of offence. Furthermore, appellants No.2 & 3 were in jail since 07.07.2006 to 06.12.2006 for 5 months and, even if, the aforesaid offence is made out, the appellants No.2 & 3 be sentenced for the period which they have already undergone. 6. Dr. Surendra Kumar Dewangan, learned State counsel, would support the impugned judgment and submit that the prosecution has been able to bring home the offence beyond reasonable doubt and the trial Court has rightly convicted the appellants for the aforesaid offence; therefore, the appeal deserves to be dismissed. 7. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 4 8. Considering the finding recorded by the trial Court that two appellants along-with deceased appellant assaulted Sanjay (PW-1), Gulab (PW-2) & Babulal (PW-3), by which PW-2 suffered fracture and PW-1 & PW-3 also suffered grievous injuries, therefore, the conviction is well founded. However, considering the fact that the parties have amicably settled the dispute and they belong to poor family, the sentence of appellant No.2 & 3 is reduced to the period already undergone by them, as they were in jail since 07.07.2006 to 06.12.2006 as per para 25 of the impugned judgment. 9. In the result, the appeal is partly allowed to the extent indicated herein above. 10. Appellant No.2 & 3 are present in the Court, they need not surrender; however, their bail bonds shall remain in operation for a period of 6 months in view of the provisions contained in Section 437-A of Cr.P.C. 11. Let a certified copy of this judgment along-with the original record be transmitted to the concerned trial Court forthwith for necessary information & action, if any. Sd/- (Sanjay K. Agrawal) Judge Ashok