1 2025:CGHC:53776 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 2130 of 2025 Kumar Singh Alias Patel S/o Maha Singh Otti Aged About 52 Years R/o Village - Dhanpur, Juathal, Thana - Pendra, District - Gaurela-Pendra- Marwahi, Chhattisgarh. ... Appellant versus State of Chhattisgarh Through The SHO, Police Station - Pendra, District - Gaurela-Pendra-Marwahi, Chhattisgarh. ---- Respondent ___________________________________________________________ For Appellant : Mr. Mahesh Pandey, Advocate For State/Respondent : Ms. Laxmeen Kashyap, PL ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order On Board 04/11/2025 1. This appeal has been preferred by the appellant/accused being aggrieved with the judgment of conviction and sentence dated 17.09.2025 (Annexuer A-1) passed by the Additional Sessions Judge, Pendra Road, District Bilaspur (C.G.) in Sessions Case 2 No.01/2024, whereby the trial Court has convicted and sentenced as under : Conviction Sentence In Default U/S 325 of IPC RI for 05 years and fine amount of Rs.5,000/- In default of payment of fine amount additional RI for six months 2. Case of the prosecution in brief is that on 24.11.2023 the complainant Bhikham Singh (P.W.7) lodged a complaint at the Police Station Pendra to the effect that yesterday 23.11.2023 his son Parmesh Kushram (P.W.1) went near bore pump of one villager namely Gulab in the night at about 7.00 pm and on returning back on the way he started warming the fire, then the accused/appellant coming there by abusing him in filthy languages in the name of mother sister, told spread his paddy kill, he has and giving threatening committed marpeet with the bamboo stick of Akheni kept in his hand. Having seen marpeet Krishna (P.W.5) of the village coming his house informed that Kumar Singh is committing with Parmesh. Then he rushed marpeet alongwith Krishna at incidental place, he saw his son was lying on the earth. Blood was oozing out from his head, hand and leg. He has admitted his son at District Hospital Gaurela for his 3 treatment after dialing 112 Police Helpline Number. Due to taking care of his son at Hospital, he has lodged report on 24.11.2023. 3. On the basis of oral report of complainant Bhikham Singh (P.W.7), the police of Police Station Pendra lodged a Crime No. 444/2023 for the offence punishable under Section 294, 323, 506 of IPC against the accused/appellant. 4. After recording the statements under Section 161 of the Cr.P.C., taking memorandum statement the accused/appellant and completing the investigation, the police submitted final report (Charge Sheet) under Section 173 in the Court of Chief Judicial Magistrate Pendra Road, District Bilaspur, C.G. for the offence punishable under Section 294, 506 Part II, 323, 325, 307 of the IPC against the accused/appellant. 5. The Court of Chief Judicial Magistrate Pendra Road, District Bilaspur, C.G. committed the case to the Court of Additional Sessions Judge Pendra Road, Bilaspur, C.G., where it was registered as Sessions Trial No.01/2024 titled as State of Chhattisgarh Vs. Kumar Singh alias Patel in the files of the Court. 6. The learned trial Court framed charges under Sections 294, 506 Part-II, 307 of the IPC against the accused/appellant on non- pleading guilty. The accused/appellant was put to trial. The 4 prosecution examined many as as 9 witnesses to bring home the charges against the appellant and the accused/appellant examined one witness in his defence. After recording the evidence of witnesses and appreciation thereof, judgment has been passed 17.09.2025. 7. Learned counsel appearing for the applicant submits that he is not pressing this appeal on merits and confining his arguments to the quantum of sentence only. He further submits that the evidence does not medical conclusively establish the intention to kill, as the injury, though on the head was neither deep nor accompanied by skull fracture, and the CT scan later showed no abnormality after treatment. Both memorandum and seizure witnesses, P.W. 2 Chandrashekhar Kushram and P.W. 5 Krishna Kumar turned hostile and did not support the case of the prosecution, which makes the prosecution story suspicious and doubtful. As per the FSL report, no blood was found on the stick as well as on the Akheni. He further submits that the prosecution has not been able to prove the case against the present appellant beyond a reasonable doubt. The prosecution ought to have brought the true genesis of the case before the trial Court as no case is made out against the appellant under Section 325 of the I.P.C. The prosecution was required to establish the charge against the 5 appellant, but it failed in doing so, and thus the suspicion cannot take the place of proof. The learned trial Court ought to have taken into consideration that the victim. Parmesh Kushram (P.W. 1) was in drunken condition and injuries sustained by him was occurred due to accident by unknown vehicle. or falling from the motor cycle as independent witness Krishna Kumar (P.W.5) has deposed in para-I of his deposition that he found the victim Parmesh Kushram (P.W. 1) beside the road in injured condition on Latkoni Road. Dr. Sanjay Kumar Pille (P.W. 4) has deposed in para 3 of his deposition that the injuries sustained by the injured Parmesh Kushram (P.W. 1) may occur due to fall. That the injured Parmesh Kushram (P.W. 1) himself admitted in para 6 of his deposition that the appellant was not present in Khalihan, the appellant and his son came there lateron when he became unconscious, only appellant's wife was present there, this fact also makes the prosecution story fake and fanciful. He further submits that appellant has undergone about 21/2 months, hence, it is prayed that sentence awarded to applicant be reduced to the period already undergone by him. 8. On the other hand, learned State Counsel opposing the prayer of learned counsel for applicant, would submit that the trial Court has rightly convicted and sentenced the applicant and therefore, the 6 impugned judgment does not call for any interference. 9. I have heard learned counsel for the parties and perused the record of the trial Court including the impugned judgment with utmost circumspection. 10. Having gone through the material available on record and the statements of the witness and the relevant documents exhibited on record, the involvement of the appellant in the crime in question is clearly established. This Court does not see any illegality in the findings recorded by the trial Court regarding conviction of the appellant for the offence punishable under Section 325 of IPC. 11. As regards sentence, in the matter of Mohammad Giasuddin v. State of Andhra Pradesh reported in (1977) 3 SCC 287, Hon’ble Supreme Court has observed that if you are to punish a man retributively, you must injure him. If you are to reform him, you must improve him and, men are not improved by injuries and held in para-9 as follows: “9. Western jurisprudes and 'sociologists, from their own angle have struck a like note. Sir Samual Romilly, critical of the brutal penalties in the then Britain, said in 1817 : "The laws of England are written in blood". Alfieri has suggested : 'society prepares the crime, the criminal commits it’. George Nicodotis, Director of Criminological Research Centre, Athens, Greece, maintains that 'Crime is the result of the lack of the right kind of education.' It is thus plain that crime is a pathological aberration, that the criminal can ordinarily be redeemed, that the State has to 7 rehabilitate rather than avenge. The sub-culture that leads to anti-social behaviour has to be countered not by undue cruelty but by re-culturisation. Therefore, the focus of interest in penology is the individual, and goal is salvaging him for society. The infliction of harsh and savage punishment is thus a relic of past and regressive times. The human today views sentencing as a process of reshaping a person who has deteriorated into criminality and the modern community has a primary stake in the rehabilitation of the offender as a means of social defense. We, therefore consider a therapeutic, rather than an in 'terrorem' outlook, should prevail in our criminal courts, since brutal incarceration of the person merely produces laceration of his mind. In the words of George Bernard Shaw : 'If you are to punish a man retributively, you must injure him. If you are to reform him, you must improve him and, men are not improved by injuries'. We may permit ourselves the liberty to quote from Judge Sir Jeoffrey Streatfield : “If you are going to have anything to do with the criminal Courts, you should see for yourself the conditions under which prisoners serve their sentences.” 12. In the light of the decision of the Supreme Court in the case of Mohammad Giasuddin (supra) and keeping in view the fact that sentence imposed upon the appellant is 05 years, out of which he has already served the jail sentence of about 21/2 months and also considering the fact that there is no previous animity between the parties, only on the basis that the victim has spread paddy, dispute has taken place. The appellant is villager, illeterate and poor person. Looking to the entire facts and circumstances of the case, this Court is of the opinion that the ends of justice would serve if the appellant is sentenced to the period already undergone by him. 13. Accordingly, the conviction of the applicant under Section 325 of IPC is maintained, but his jail sentence is reduced to the period already undergone by him. However, cousnel for the appellant contended that the fine amount has alrady been deposited by the appellant before the trial Court. 14. Consequently, this appeal stands allowed in part to the extent 8 indicated herein-above. 15. The appellant is reported to be in jail. He be released forthwith if not required to be detained in default of fine and not required in any other case/offence. 16. Record of the trial Court along with a copy of this judgment be sent back forthwith for compliance and necessary action, if any. A copy of the judgment may also be sent to the concerned Jail Superintendent wherein the applicant is suffering the jail sentence. Sd/- (Arvind Kumar Verma) Judge Vasant