1 2025:CGHC:33311 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No.56 of 2008 1 - Chhotelal Kurre (Abated) As Per Honble Court Order Dated 27-06- 2025. 2 - Jeevanlal S/o Chhotelal Kurre Aged About 54 Years R/o Village Chillahati P.S. Sarkanda Bilaspur, Tah And Dist- Bilaspur C.G. 3 - Laxmilal (Abated) As Per Honble Court Order Dated 27-06-2025. 4 - Sukhsagar @Badhu Kurre S/o Yavanlal Kurre Aged About 22 Years R/o Village Chillahati P.S. Sarkanda Bilaspur Tah And Dist- Bilaspur C.G. 5 - Virendra Singh @ Chhotu Kurre S/o Yavanlal Kurre Aged About 19 Years R/o Village Chillahati P.S. Sarkanda Bilaspur Tah And Dist- Bilaspur C.G. Appellants versus 1 - State Of Chhattisgarh Through Police Station Sarkanda, Dist Bilaspur C.G. Respondent(s) For Appellants : Mr. Vijay K. Deshmukh, Advocate For Respondent-State : Mr. Ashish Shukla, Addl. AG For Complainant Mr. Vivek Tripathi, Advocate Hon’ble Smt. Justice Rajani Dubey Judgment on Board 16/07/2025 Digitally signed by RAMAKANT NIRALA 2 1. The present appeal is directed against the judgment of conviction and order of sentence dated 31.12.2007 passed by the learned Additional Session Judge, Bilaspur (C.G.) in Session Trial No.16/2007, whereby the appellant has been convicted under Sections 147, 148 & 149/323 of IPC and sentenced to undergo RI for 6 months in all the sentence, with default stipulations. 2. The prosecution case, in brief, is that on 25.07.2006 at about 11:30 in the night, the complainant Geeta Bai was sleeping with her husband Gulab Singh Kurre, sons Jayant Kurre and Basant Kurre and her family members in her house, then the appellants came there and assaulted them due to dispute regarding property, as a result of which they sustained severe injuries. Thereafter a case was registered against the accused and they were arrested. After completion of investigation, the charge sheet was filed against the appellant before the Magistrate concerned. 3. Learned counsel for the appellant submits that in the same incident, counter case is also registered against the complainants and they have also been convicted by the learned Trial Court, against which CRA No.25/2008 is pending before this Court and during pendency of this appeal, the appellants and complainants filed application under Section 320 of CrPC for compounding the offence. The appellants Chhotelal and Laxmi Lal have died and the appellant Jeevan Lal, Sukhsagar and complainant have filed 3 application for compromise under Section 320 of CrPC and the appellants remained in jail for more than 2 months and this appeal is pending since 2008, as such their compromise application may kindly be allowed and the appellants may be acquitted or they may be sentenced to the period already undergone by them, as they are not pressing this appeal on merits. 4. Learned counsel for the complainant supports the argument of the appellants and submits that in counter appeal No.25/2008, the complainants/appellants both parties have entered into compromise so their application may be allowed. 5. Learned State counsel supported the impugned judgment and submits that the learned Trial Court has minutely appreciated the oral and documentary evidence and rightly convicted the appellants under Sections 147, 148 & 323 read with Section 149, but Sections 148 & 149 are not compoundable, as such the application/appeal is liable to be dismissed. 6. Heard learned counsel for the parties and perused the material available on record. 7. It is clear from the record that the appellants remained in jail for more than 2 months and both the parties have entered into compromise so this appeal is allowed. The conviction of the appellants is hereby affirmed, however they are sentenced to the period already undergone by them. 4 8. The appellants are reported to be on bail. 9. Keeping in view the provisions of section 481 of BNSS 2023, the appellant is directed to furnish a personal bond for a sum of Rs.25,000/- before the Court concerned forthwith, which shall be effective for a period of six months along with an undertaking that in the event of filing of Special Leave Petition against the instant judgment or for grant of leave, the aforesaid appellants on receipt of notice thereof, shall appear before the Hon’ble Supreme Court. 10. The Trial Court’s record along with the copy of this judgment be sent back immediately to the trial Court concerned for compliance and necessary action. Sd/- Rajani Dubey Judge Nirala