1 / 5 2025:CGHC:57726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2000 of 2025 Santanu Sahu S/o Bahur Ram Sahu Aged About 32 Years R/o Village- Devkot, Chowki- Kawar, P.S.- Gurur, District- Balod (C.G.) ... Appellant versus State of Chhattisgarh Through - Chowki- Kawar, P.S. - Gurur, District - Balod (C.G.) ... Respondent For Appellant : Mr. Hemant Gupta, Advocate For State : Ms. Priya Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Judgment on Board 27/11/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.16 18:36:40 +0530 2 / 5 2. The instant Criminal Appeal under Section 415 (2) of the BNSS is directed against the impugned judgment of conviction and order of sentence dated 08/09/2025 passed by the Second Additional Sessions Judge, Balod, District Balod in Sessions Case No.60/2022 whereby the appellant has been convicted and sentenced as under:- Conviction Sentence Under Section 307 of the IPC R.I. for Ten Years and fine of Rs.100/- and in default of payment of fine One month additional R.I. 3. The case of the prosecution in brief is that on 28-07-2022 on the eve of HARELI festival, complainant /victim and others were setting nearby the Kalamanch after consuming liquor, at that time the appellant came there and arguing with the victim about talking to his wife, and when the victim objected, thereafter, the Appellant started abusing the victim with filthy & obscene language and started threatening to kill him. But when the victim walked away the appellant hit the victim by "BASULA" over his head. Resulting to those injuries the victim sustained serious injuries over his head, victim was admitted to the Hospital. Thereby the offence has been committed and the F.I.R. was lodged as crime no 359/2022 u/s 294, 506 B, 307 of I.P.C. 4. That the matter was investigated by the police, since the initial investigation police arrested the appellant on 28-07-2022. The, I.O. further investigated the matter and recorded the statement u/s 161 of 3 / 5 relevant witness, and submitted the charge sheet before the Learned J.M.F.C Balod, & after proper order of Committal the case transferred & was registered at Learned Sessions Court Baloda-Bazar, for proper adjudication of the case, where the matter was registered there as Sessions Case No. 60/2022. 5. The appellant abjured his guilt and claimed to be tried. After the committal of the case the prosecution examined 13 witnesses ane exhibited 23 documents to bring home the guilt of the accused. The learned trial Court after completion of trial convicted and sentenced the appellant as mentioned in paragraph -1 of this Judgment. Hence this appeal. 6. Learned counsel appearing for the appellant submits that he is not pressing this appeal on merits and confining their arguments to the quantum of sentence only. They further submit that the maximum sentence awarded to the appellants is 10 years and the appellant was in jail since 10/10/2022 to 17/10/2022 and thereafter from 08/09/2025 he is in jail as such he has suffered total approx 03 Months of jail sentence, hence, it is prayed that sentence awarded to appellant be reduced to the period already undergone by him. 7. 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 this Court. 8. I have heard learned counsel for the parties at length and perused the 4 / 5 evidence with utmost circumspection. 9. Upon careful consideration of the evidence on record, this Court finds that although the prosecution has proved the occurrence and participation of the accused, however, the essential ingredients of Section 307 IPC are not made out. The medical evidence does not indicate any injury caused by the sharp side of the weapon, nor does it reflect a wound of such nature as would ordinarily result in death. There is also absence of material to show intention or knowledge on the part of the accused to cause death. The manner of assault, the nature of weapon as actually used, and the character of injuries clearly suggest that the act was committed without the requisite mens rea contemplated under Section 307 IPC. However, the evidence does establish that the accused acted with knowledge that his act was likely to cause death, thereby attracting the provisions of Section 308 IPC. 10. In view of the above finding, the conviction of the accused is altered from Section 307 IPC to Section 308 IPC. Further, considering that the injury was inflicted by the blunt side of the weapon, the injury was not fatal in nature, and keeping in view the principle of proportionality in sentencing, this Court is of the considered opinion that the sentence deserves reduction. Accordingly, the sentence is reduced to Rigorous Imprisonment for a period of one year and six months (1½ years). 11. The appellant is in jail and he shall serve out the sentence as modified above. 5 / 5 12. The criminal appeal is partly allowed to the extent indicated hereinabove. 13. Let a copy of this judgment and the original record be transmitted to the trial court concerned forthwith for necessary information and compliance. SD/- (Arvind Kumar Verma) JUDGE ashu