1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 728 of 2016 1. Chowa Ram Diwakar (wrongly mentioned in order sheet Chowa Ram Diwarak), S/o Ramdayal Diwakar, aged about 47 Years, 2. Bhagwat Dahariya, S/o Sukhi Ram Dahariya, aged about 35 Years, 3. Kumar Narang, S/o Krishna Narang, aged about 38 Years, 4. Teku Ram Diwakar, S/o Ramdayal Diwakar, aged about 44 Years, 5. Sanardan Dhritlahre, S/o Roop Chand Dhritlahre, aged about 44 Years, 6. Ramesh Barle, S/o Khorbahra Barle, aged about 39 Years, 7. Anjor Das Dhritlahre, S/o Somdas Dhritlahre, aged about 26 Years, 8. Raju Narang, S/o Krishna Narang, aged about 32 Years, All are R/o Village Bartori, Police Station Tilda Nevra, Tahsil and District Raipur, Chhattisgarh. ... Applicants versus • State of Chhattisgarh, Through District Magistrate, Raipur, District Raipur, Chhattisgarh and also Through Police Station Nevra, District Raipur, Chhattisgarh. ...Non-applicant For Applicants : Mr. P.K. Patel and Ms. Nand Kumari Kashyap, Advocates. For Non-applicant : Mr. R.N. Pusty, Government Advocate. Hon'ble Shri Justice Radhakishan Agrawal Order on Board 20/02/2025 1. This present revision filed under Section 397/401 Cr.P.C. is directed against the judgment of conviction and order of sentence dated Digitally signed by AKHILESH BEOHAR Date: 2025.02.20 16:47:38 +0530 2 30.07.2016 passed by the Additional Sessions Judge, Raipur, District Raipur C.G. in Criminal Appeal No.195/2013, whereby the present applicants have been convicted and sentenced as under:- Conviction Sentence Under Section 147 of Indian Penal Code (for short, 'IPC') Rigorous Imprisonment for six months and fine of Rs.50/-, in default of payment of fine amount to undergo Additional rigorous imprisonment for 15 days to each applicant. Under Section 451 of IPC Rigorous Imprisonment for six months and fine of Rs.50/-, in default of payment of fine amount to undergo Additional rigorous imprisonment for 15 days to each applicant. Under Section 325/149 of IPC Rigorous Imprisonment for six months and fine of Rs.50/-, in default of payment of fine amount to undergo Additional rigorous imprisonment for 15 days to each applicant. (All sentences were directed to concurrently) 2. Case of the prosecution, in brief, is that on 10.04.2006 at about 7:30 pm, dispute ensued between the present applicants and complainant- Narendra Dehariya (PW-2), PW-1 Bhuvan Dehariya and PW-3 Dayalu Dehariya with regard to issue of performing marriage in their community and in that event, present applicants assaulted the complainant party with sticks and clubs, due to which, they suffered grievous injuries over their bodies. Thereafter, (PW-2) Narendra Dehariya reported the matter to the Police Station – Nevra, Raipur, pursuant to which, FIR (Ex-P-1) was registered against the applicants. During investigation, spot map was prepared vide (Ex-P-4) and injured persons were sent to medical examination where (PW-11) Dr. Meena Samuel, Medical Officer, examined them and gave her MLC reports 3 vide Exs-P-23, P-26 & P-29 respectively. From the possession of the applicants, clubs and sticks were seized vide Exs.P-6 to P-9. 3. After completion of investigation, charge sheet under Sections 147, 452, 325/149 of IPC was filed before Judicial Magistrate First Class, Raipur, (C.G.). The applicants abjured the charges and pleaded non- guilty. 4. The Court of JMFC, after appreciation of oral and documentary evidence, convicted the applicants for the offence under Section 147 of IPC and sentenced them to undergo R.I. for six months with fine of Rs.50/- each, in default of payment of fine amount to undergo additional R.I. for 15 days; similarly, convicted the applicants for the offence under Section 451 of IPC in place of Section 452 of IPC and sentenced them to undergo R.I. for six months with fine of Rs.50/- each, in default of payment of fine amount to undergo additional R.I. for 15 days and likewise, convicted the applicants for the offence under Section 325 of IPC and sentenced them to undergo R.I. for two years and fine of Rs.50/- each, in default of payment of fine amount to undergo additional R.I. for 15 days. The said judgment of JMFC was challenged by the present applicants in criminal appeal, however, the Appellate Court vide judgment dated 30.07.2016, convicted and sentenced the applicants as mentioned in para 1 of this order. Hence, this revision. 5. Learned counsel for the applicants submits that he does not want to press this revision on conviction part of the applicants, but confines his argument to the sentence part only, which according to him, is on higher side. He further submits that applicants have remained in jail for 13 days i.e. from 15.05.2006 to 17.05.2006 and from 30.07.2016 to 4 08.08.2016, they have no criminal antecedents and they are facing lis since 2006, i.e. more than 9 years. He also submits that the fine amount has already been deposited with the concerned trial Court. Therefore, the jail sentence awarded to the applicants may be reduced to the period already undergone by them. Reliance has been placed on the decision of Hon'ble Supreme Court in the matter of Manjappa vs. State of Karnataka reported in 2007 6 SCC 231. 6. On the contrary, learned State Counsel opposed the revision and supported the impugned judgments. 7. I have heard learned counsel appearing on behalf of the parties and perused the record. 8. Considering the statements of complainant/PW-2 Narendra Dehariya, PW-1 Bhuvan Dehariya and PW-3 Dayalu Dehariya coupled with the medical evidence of PW-11 Dr. Meena Samuel, who proved the MLC reports vide Exs-P-23, P-26 & P-29 and the other evidence and material available on record, this Court is of the opinion that the finding recorded by the learned trial Court as well as the Appellate Court being based on the evidence available on record is a correct finding and I hereby affirm the said finding of conviction of applicants. 9. As regards the sentence part, considering the facts and circumstances of the case, keeping in view the law laid down by the Hon'ble Supreme Court in the matter of Manjappa (Supra) and also considering the fact that applicants have undergone jail sentence for a period of 13 days, they are facing the lis since 2006 and there are no criminal antecedents against them, I am of the view that ends of justice would be met if the jail sentence awarded to them is reduced to the period already undergone by them, while enhancing the fine amount from 5 Rs.50/- each to Rs.5,000/- each for the offence under Section 325 read with 149 of IPC. Ordered accordingly. However, the fine amount of Rs.50/- each, as was imposed by the trial Court as well as Appellate Court, for the offence under Sections 147 and 451 of IPC shall remain intact. Enhanced fine amount shall be deposited by each applicant by 31st March, 2025 before the concerned trial Court. Out of the total fine amount, Rs.10,000/- each shall be paid to the victims (PW-1 Bhuvan Dehariya, PW-2 Narendra Dehariya and PW-3 Dayalu Dehariya) as compensation under Section 357 Cr.P.C by the concerned Trial Court after due verification. The fine amount already deposited by the applicants, if any, shall be adjusted accordingly. If the enhanced fine amount is not deposited by the applicants within the stipulated time, then they shall suffer additional R.I. for one month. All the sentences are directed to run concurrently. 10. Consequently, the revision is partly allowed. The conviction of the applicants under the aforementioned Sections is affirmed and they are sentenced to the period already undergone by them. The fine sentence is also affirmed. 11. Since the applicants are reported to be on bail, therefore, their bail bonds shall remain in force for a period of six months from today in view of provision of Section 437-A of Cr.P.C. Sd/- (Radhakishan Agrawal) Judge Akhilesh