1 / 8 2025:CGHC:7778 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1715 of 2024 1 - Sanjay Alias Sanju Yadav S/o Late Bansilal Yadav Aged About 25 Years R/o Ward No. 19, Fokat Para, Kailash Nagar, Police Station Mohan Nagar, District- Durg, Chhattisgarh. ... Appellant versus 1 - State of Chhattisgarh Through Police Station Mohan Nagar, District- Durg, Chhattisgarh. ... Respondent For Appellant : Ms. Aditi Singhvi, Advocate For State : Mr. Karan Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/02/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dated 14/08/2024 passed by the 8th Additional Sessions Judge, ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.05 15:04:17 +0530 2 / 8 District Durg, C.G. in Criminal Case No.123/2021 whereby the appellant has been convicted and sentenced as under:- Conviction Sentence Under Section 294 of the Indian Penal Code, 1860 S.I. for one month Under Section 427 (Three Counts) of the Indian Penal Code, 1860 S.I. for two months in each count Under Section 307 of the Indian Penal Code, 1860 R.I. for 7 years and fine of Rs.500/- and in default of payment of fine additional S.I. for one month Under Section 25 (1B) (b) of the Arms Act R.I. for 1 year and fine of Rs.500/- and in default of payment of fine additional S.I. for 01 month. Under Section 27 of the Arms Act R.I. for 3 years and fine of Rs.500/- and in default of payment of fine additional S.I. for 01 month. All the sentences shall run concurrently. 3. The case of the prosecution, in brief, is that the complainant Deepraj alias Lucky Rajput on 27.10.2020 at around 23.50 pm at the police station-Mohan Nagar Durg lodged a report that he runs a motorcycle repair shop in Om premises. Today on 27.10.2020 at around 10.30 pm, he was going to his home in Aditya Nagar on a Bullet motorcycle with his friend Dheeraj Katjhori after attending a marriage ceremony in Shankar Nagar. Dheeraj had stopped near Katjhori's house at that time Sanju Yadav along with one of his friends was drinking alcohol in front of Manish Katjhori's house, when he was stopped from drinking there 3 / 8 and asked to go to his house, Sanju Yadav's friend left the place and Sanju Yadav went to Durgeshwar Temple abusing them and started abusing them again by showing them knife. Then Tushar alias Vicky Malik came on foot from his house and asked Sanju Yadav, who was holding a knife in his hand, what happened, then Sanju Yadav called out to his brother Akash Yadav and both of them asked Tushar Malik, who are you to make us understand, and Akash Yadav abused Tushar Malik with filthy words and threatened to kill him. Akash Yadav caught Tushar Malik from behind and Sanju Yadav attacked him several times with the knife which was in his hand. 4. Due to the assault, Tushar Malik fell on the ground, whom he and Manish Katjhori picked up and took inside Manish Katjhori's house, then both brothers Akash Yadav and Sanju Yadav came and destroyed his and 02 other motorcycles parked in front of Manish Katjhori's house. Due to the assault, Tushar alias Vicky Malik got serious injuries on his right and left stomach, waist, armpit and above the right eye. After the incident, he called 108 ambulance and with the help of nearby people took Tushar Malik to District Hospital Durg for treatment, where the doctor referred Tushar Malik to a higher center for treatment. Manish Katjhori, Dheeraj Katjhori and nearby people saw and heard the incident. 5. On the report of the complainant, FIR Ex. P/12 was registered against accused Sanju Yadav and other Akash Yadav in Police Station Mohan 4 / 8 Nagar District-Durg under Crime No. 355/2020 Section 294, 506, 307, 427/34 IPC and investigation was taken up. During investigation, a site map of the incident was prepared vide Ex.P. 13. Injured Tushar Malik was admitted to the hospital for treatment. Memorandum statement was recorded after questioning the accused in the presence of witnesses. The blood-stained lower worn by Tushar Malik, injured by the at the time of the incident and a T-shirt and old used cloth were recovered from the possession of the accused. 6. The appellant abjured his guilt during trial and claimed to be tried. The prosecution on its behalf examined as many as 13 witnesses and exhibited 25 documents. The learned trial Court after evaluating the facts & evidence convicted the accused as aforesaid. Hence this appeal. 7. Learned counsel for the appellant would submit that at the time of incident the trial Court has not considered the fact that at the time of commission of offence the appellant was unable to understand the consequences of his act. She would next contend that the memorandum of the appellant cannot be used to determine the motive. She would next contend that there is no evidence on record available to connect the appellant with the crime. She would lastly contend that the order of the trial Court requires interference by this Court and the appellant may be acquitted of the charges and he may be released on bail. 8. Per contra, learned State counsel would submit that the order of the Court below is well merited which do not call for any interference by 5 / 8 this Court. 9. I have heard learned counsel for the parties at length and perused the evidence with utmost circumspection. 10. Dhirajh Katjhori (PW-2) has stated that at the time of incident the appellant was abusing the injured and he made stab injuries 6-7 times to the injured Tushar. He further stated that the accused persons assaulted the injured with an intention to kill him. 11. Injured Tushar Malik (PW-6) has stated that on 27/10/2020 at about 10- 10-30 pm when he was sitting along with Shubham near Aditya Nagar Shiv Temple at that time Deep Raj alias Lucky called on his mobile phone two times and he did not pick up the call. Thereafter, Deep Raj came to him in the Park that some quarrel has took place along with Sanjay alias Sanju Yadav. Thereafter, he reached to the spot along with one Lucky and saw that Sanjay Yadav along with two other persons was drinking and thereafter abusive words were exchanged in between them. He also stated that SanjayYadav stabbed him 7-8 times. 12. Dr. S.D. Bhupendra P.W.-8 of Government District Hospital Durg conducted primary medical examination of injured Tushar Malik and found the following injuries on his body:- IW incised wound 1 x 5 cm near right axilla; incised wound 1.5 x 5 cm near right lumbar (back); incised wound 1 x 5 cm near right ilia (thigh); 6 / 8 incised wound 1.5 x 5 cm near right scapula (shoulder); incised wound 3 x 5 cm near right frontal (forehead); incised wound 2 x 5 cm near left lumbar (back); incised wound 2 x 5 cm near left lumbar (back). All the above injuries were inflicted by sharp and bladed weapons. 13. Dr. Ashwini Jain P.W.-9 has also stated that on 28.10.2020 at 05.00 am the injured was brought to the ICU in his presence before the operation, at that time he was on duty in the ICU. The injured had multiple stabs and penetrating wounds in his stomach, chest, back and left thigh, he also had an injury on the right side of his forehead, except the injury on the forehead, the remaining injuries of the injured were stitched. Due to the stab wound in the injured's chest, a tube was inserted on the right side for blood drainage, looking at the critical condition of the injured, he was admitted to the ICU and his operation was done with the consent of the injured's family. He was later shifted back to ICU. From 29.10.2020 to 08.00 am on 26.11.2020 the injured remained admitted in ICU. During the operation, the injured's esophagus was removed, his liver, colon, left kidney and diaphragm were also injured. Stitches were put on the colon and diaphragm. The injured's condition was critical due to infection in the colon, due to which he had to spend a long time in the ICU for treatment. The injured also had infection in the tanks in his stomach. After the injured's condition improved, he was shifted to the 7 / 8 general ward on 26.11.2020. The document prepared by him regarding the treatment of the injured is Ex.P-16, which is of 24 pages, on which he has signed. 14. Considering the nature of injuries sustained by the injured and the gravity of offence, finding of conviction recorded by Trial Court is in accordance with the evidence available on record which is neither perverse nor contrary to the records. Looking to the entire evidence adduced by the prosecution, in my considered view, the Trial Court has rightly convicted the appellant for the aforesaid offences. I do not find any infirmity in the judgment of the Trial Court. Thus, conviction of appellant is affirmed. 15. As regards the quantum of sentence, considering the fact that incident in question took place as back as in the year 2021 and now almost more than 03 years & 06 months have passed. During these years, appellant must have suffered tremendous mental trauma and anguish of trial, he has already undergone more than 01 year of substantive sentence imposed by trial Court, he has no any previous criminal incident, this Court is of the opinion that sentence imposed by trial Court upon the appellant under Section 307 of the IPC RI for 07 years appears to be on higher side. So keeping in view all the circumstances, mentioned above, ends of justice will be served if the sentence imposed upon appellant is reduced from RI 07 years to RI 05 years. 16. In the result, appeal is allowed in part. While maintaining the conviction 8 / 8 of appellant under Sections 294, 427 (Three Counts) & 307 of IPC and Sections 25 (1B) (b) & Section 27 of the Arms Act, the maximum sentence imposed upon him by trial Court under Section 307 of the IPC is reduced from RI for 07 years to RI 05 years. However, rest of the jail sentence and sentence of fine imposed by the trial Court is hereby maintained. All the sentences shall run concurrently. SD/- (Arvind Kumar Verma) JUDGE ashu