1 2025:CGHC:57470 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1447 of 2025 1 - Maneshwar Giri @ Chhotu S/o Late Naresh Giri Aged About 27 Years R/o Vill Kopa, P.S- Sanna, Dist Jashpur (C.G.) 2 - Devnarayan Giri @ Khiral S/o Late Naresh Giri Aged About 24 Years R/o Vill Kopa, P.S- Sanna, Dist Jashpur (C.G.) --- Appellants versus State Of Chhattisgarh Through The P.S- Sanna, Dist Jashpur (C.G.) --- Respondent WITH CRA No. 1830 of 2025 Kuldeep Chauhan S/o Shri Vibhishan Chauhan Aged About 20 Years R/o Vill Kopa, P.S.- Sanna, Dist Jashpur C.G. --- Appellant Versus State Of Chhattisgarh Through The P.S.- Sanna, Dist Jashpur C.G. --- Respondent ___________________________________________________________ For Appellants : Mr. Syed Ishhadil Ali, Advocate For State/Respondent : Mr. Karan Kumar Bahrani, PL ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board 2 26/11/2025 1. Both the appeals have been preferred by the appellants/accused being aggrieved with the judgment of conviction and order of sentence dated 26.06.2025 passed by the Additional Sessions Judge, Jashpur, District Jashpur (C.G.) in Sessions Case No.44/2023, whereby the trial Court has convicted the appellants as under : Conviction Sentence Under Section 325/34 of IPC R.I. for 03-03 years with fine amount of Rs.2,000-2,000/-, in default of payment of fine amount, additional SI for 03- 03 months Under Section 323/34 of the IPC Fine amount of Rs.500-500/-, in default of payment of fine amount, additional SI for 10- 10 days (Both sentences shall run concurrently) 2. Case of prosecution in brief is that on 06.07.2023 at about 01:30 pm, the complainant was sitting in the house of (PW-3) Raju Chouhan of the village at that time the accused came and abused that he files a report against us and while hurling filthy abuses about his mother and sister the accused said that we will not let him go alive, today we will finish him off by killing him with the intension of murder, accused Maneshwar Giri @ Chhotu Beat him on his waist and Chest with a stick and accused Devnarayan Giri 3 @ Khiral Beat him on his face and chest with his hand and accused Kuldeep Chouhan beat him on his thigh and behind the head from the side near the ankle with an iron rod to save his life complainant entered the house of Vishnu Nagesia, then accused forcibly entered vishnu's house and again assaulted him with hand and fists. 3. FIR was registered as 85/2023, on the same day 06.07.2023, crime was registered u/s 294, 506 part-two, 323 and 307 read with sec 34 of I.P.C, followed seizures and the procedures were accordingly. 4. During investigation, accused/appellant was shown arrested on 07.07.2023 and later on completion of investigation, charge sheet has been filed against the appellant U/s u/s 294, 506 part-two, 323 and 307 read with sec 34 of 1.P.C, before the court of J.M.F.C., Bagicha Dist Jashpur (C.G.) against the present appellants. After following usual procedure, the matter has been committed to the Session, the appellant had abjured the guilt and stated that he has been falsely implicated in the case. 5. In the trial the prosecution has examined as many as 08 witnesses in support of their case, and the defense had examined none in support of their defense. However, the learned trial court after hearing learned counsel for the parties, convicted and sentenced the appellant, as mentioned above. Hence, this appeal. 4 6. Learned counsel appearing for the appellants contended that he does not wants to press this appeal on merits and confines his argument to the sentence part only. He further submits that the learned Court below has failed to appreciate the deposition properly as the eyewitnesses (PW-02) Rampyari Bai Chouhan W/o (PW Vishnu Nagesiya, (PW-05) Chengo Korva -04) Soniya Chouhan brought on record by the prosecution have changed their statement at the time of their examination before the court and the turned hostile that they have not seen incident by themselves, there are no independent & Eye witnesses who supported the prosecution. PW-10 (I.O.) para- 9 of his cross examination also accepted that Complainant appeared at the police station one hour after the incident and was talking well and his mental condition was fine and the Complainant was not present at the spot when the spot map prepared, thus it cannot be said that he was the person who had committed the alleged offence. He further submits that PW-10 (I.O.) in para 10 of his cross examination also accepted that no diary of going to the scene of incident is attached in the case and that the seized tangi and stick like dhaura wood are found in almost all the houses of the village, he has also accepted that the blood found on the seized items can be declared as human blood only after the FSL report and no memorandum statement has been taken by him from the accused Devnarayan and no item has been seized from him. The statement under section 161 has not been taken from the accused and the duty certificate of the 5 Constable who was sent to the FSL for testing and returned the same is not attached. He further submits that the incident is of the year 2023 and the appellants are facing lis since 2023. Appellants have undergone almost 02 years and 03 months out of 03 years sentence, therefore, it is prayed that the jail sentence awarded to the appellants may be reduced to the period already undergone by them. 7. Per contra, learned counsel for the State/respondent opposes the argument raised by counsel for the appellants, supported the impugned judgment and submits that sentence awarded by the trial Court is just and proper and requires no interference. 8. I have heard learned counsel for the parties and perused the impugned judgment and other material available on record with utmost circumspection. 9. Gopal Ram Chouhan (PW-1) has stated that the incident occurred a year ago. It occurred on May 3, 2023. On the date of the incident, I had returned from work and was resting under a mango tree in the village when the accused came there and started beating me without any reason. The accused then told me to go and report it to the police station, asking what they would do to me. The accused then left. At around 2:30 p.m., I found a motorcycle and went to the police station and filed a report. The First Information Report is Exhibit P-1, parts A to B of which bear my signatures. 6 After filing the report at the police station, the police admitted me to the hospital. 10. Rampyari Chouhan (PW-2) has stated that the incident occurred a year ago. On the date of the incident, we, husband and wife, had returned from work and were resting under a mango tree. The accused, under the influence of alcohol, approached my husband and began hitting him and hitting him with a stick. I went there and told the accused that if my husband had committed any mistake, they could have slapped him 2-4 times and let him go. However, the accused did not listen to me and continued to assault my husband. Fearing the beating, my husband hid under a tamarind tree. The accused then went there again and began assaulting him. My husband was left bleeding, after which he filed a report at the police station. The police interrogated me and recorded my statement. 11. From perusal of the records, it transpires that the learned trial Court after considering the material available on record and evidence of the prosecution witnesses, convicted the appellants for the aforesaid offences. Considering the material available on record and the evidence adduced by the prosecution, I am of the view that the trial Court did not commit any illegality or infirmity in recordings the findings as regards conviction of the appellants in the aforesaid Sections. 7 12. With regard to the sentence part, maximum sentence of the appellants is RI for 03-03 years. Considering the fact that the date of incident is 06.07.2023 more than 02 years has been lapsed. Further, considering the nature of injuries sustained by the injured and also considering that the appellants have already undergone almost 02 years and 03 months out of period of 03 years’ maximum sentence imposed upon them by the trial Court, I am of the considered opinion that the ends of justice would be met if, while upholding the conviction imposed upon them, the jail sentence awarded to them is reduced to the period already undergone by them. Ordered accordingly. 13. The criminal appeal is partly allowed to the extent indicated herein-above. 14. Let a copy of this order and the original records be transmitted to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Arvind Kumar Verma) Judge Vasant