1 2025:CGHC:7862 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 89 of 2025 1 - Sachin Rangare S/o Sunil Rangare Aged About 24 Years R/o At Jagannath Nagar, Naharpara, Satnamipara, Kota, P/s Saraswati Nagar, Raipur (C.G.) 2 - Watan Shrivas @ Monty S/o Sukhdev Shrivas Aged About 24 Years R/o At Jagannath Nagar, Naharpara, Satnamipara, Kota, P/s Saraswati Nagar, Raipur (C.G.) 3 - Mukesh Sen S/o Lt. Om Prakash Sen Aged About 20 Years R/o At Jagannath Nagar, Naharpara, Satnamipara, Kota, P/s Saraswati Nagar, Raipur (C.G.) ... Appellant(s) versus 1 - State Of Chhattisgarh Through S.H.O. P/s Saraswati Nagar, Raipur, C.G. ... Respondent(s) For Appellant(s) : Shri Vinay Nagdev, Advocate appearing through video conferencing. For the State : Shri G.L. Uike, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Judgment on Board NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.03.25 12:03:16 +0530 2 13/02/2025 1. This appeal is filed by the appellants under Section 415 (2) of the BNSS against the impugned judgment of conviction and order of sentence dated 20/12/2024 passed by the Upper Session Judge, Raipur, District- Raipur (C.G.) in Session Trial No.148/2020 convicting the accused/appellants for the offence punishable under Section 506 Part II of IPC and sentenced to undergo each of the appellants for two years R.I. with fine of Rs.200/- in default of payment of fine further undergo 10 days RI and under Section 304 Part II of IPC and sentenced to undergo each of the appellants for ten years R.I. with fine of Rs.500/- in default of payment of fine further undergo one month RI. Both the sentences are run concurrently. 2. In brief the prosecution story is that one Shantanu Khutiyare lodged a FIR before the concerned police station on 30.06.2020, at about 22:30, the appellants due to old vengeance, have assaulted his cousin brother the deceased Jitendra Kotle @ Ishwar Kotle with hand and fist and have also abused him, due to which he sustained injuries over his hand and at the back side of neck. Due to the injuries sustained, the deceased was taken to Mekahara Hospital from where he was referred to DKS Hospital. 3. Based upon such information, an FIR bearing Crime No. 63/20, u/s 294, 323, 506, 34 IPC was registered against the appellants by Head Constable Narayan Prasad Sahu PW-12 and the matter was taken up for investigation and on 03.07.2020, the spot map of Ex.P/2, Panchnama of the spot Ex.P/3 were prepared and further, the statements of the witnesses were also recorded and the appellants were arrested in accordance with arrest memo Ex.P/15, Ex.P/16 and 3 Ex.P/17, and further, memos of Ex.P/18 and Ex. P/19 were issued for recording the testimony of the deceased. After investigation Investigating Officer has filed charge-sheet against the appellants under Section 302 of IPC. 4. In order to prove the guilt of the accused, prosecution examined as many as 17 witnesses. Statement of all 3 accused were recorded under Section 313 of Cr.P.C., in which they denied the circumstances appearing against them, pleaded innocence and false implication in the crime in question. After affording opportunity of hearing to the parties, the learned Sessions Judge acquitted the accused under Section 294 of IPC and convicted and sentenced the appellants under as above. 5. I have heard learned counsel for the parties and perused the judgment impugned and the record of the trial Court. 6. Counsel for the appellant argued that he is not contesting the instant appeal on conviction part, whereby the present appellants have been convicted for an offence under Section 506 Part II and under Section 304 Part II, but he is confining his arguments for the quantum of substantive jail sentence only. He further submits that the appellants had remained in jail for more than 4 years and 6 months till date. They were not having any criminal antecedent and they will not commit any offence in future. Looking to the entire facts and circumstances of the case, they may be sentenced for the period already undergone by them. 7. Counsel for the State argued that the conviction and sentences of the appellants are based on clinching evidence. The conviction and sentences of the appellants do not call for any interference by this 4 Court. 8. During the course of treatment, the deceased Jitendra Kotle @ Ishwar Kotle passed away on 15.07.2020 due to the sustained injuries and therefore offence u/s 302 of IPC was added. Thereafter, the Investigating Officer PW-13 DSP Ramesh Kumar Markam issued a memo ExP/20 dated 15.09.2020 for preparation of spot map from the Patwari. During investigation, supplementary statement of Santosh Khutiyare and Ram Kumar Mandle were recorded after culmination of investigation, charge sheet was filed before the concerned Court. After completion of trial, trial Court convicted and sentenced the appellant as aforesaid. 9. As per the alleged postmortem report Ex. P-34 P.W. 17 Dr. Rudra Narayan Gajendra had conducted the autopsy and found that body has adult diaper insitu and wrapped in red bedsheet. Body is cold. Rigor mortis present in all over body. Postmortem lividity present. Eyes closed. Mouth close. Straw color fluid from noes and mouth. Right side femoral central vein. External injury over body as old healed abrasion wound of size 1 cm, at right side 5 cm above buttock. They opined that cause of death was due to cervical spinal injury and their complications. Death within 12 to 24 hrs. before postmortem examination. 10. From minute examination of the witnesses makes it clear that upon considering the entire material, the trial Court has convicted the accused/appellants for offence under Sections 506 Part II of IPC and under Section 304 Part II of IPC. The accused/appellants are aged about 20 to 24 years, accused have assaulted to deceased with hand, fist and leg due to previous animity, there is no intention to kill the 5 deceased, there is no use of any type of deadly weapon or lathi etc., therefore, the ends of justice would be served if the appellants be convicted for the period already undergone. 11. Consequently, the appeal is allowed in part. Conviction of the appellants under Section 304 Part II is hereby affirmed. The fine sentence of Rs.200/- and Rs.500/- total Rs.700/- each is also affirmed. The appellants are paid the fine amount of Rs.700/-. The accused/appellants are sentenced for the period already undergone instead 10 years awarded by the trial Court. The accused/appellants are in jail, they be released forthwith if not required in any case. Sd/- (Arvind Kumar Verma) JUDGE Kamde