1 2025:CGHC:42669 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 101 of 2025  Shyam Sundar Tandon S/o Late Prabhu Tandon Aged About 61 Years R/o Village- Bahera, Police Station Berla, District- Bemertara, C.G. ... Appellant(s) versus  State Of Chhattisgarh Through Police Station Berla, District- Bemertara, C.G. ... Respondent(s) For Appellant : Ms. Sharmila Singhai, Senior Advocate assisted by Ms. Kanchan Kalwani, Advocate For Respondent : Ms. Sunita Manikpuri, Dy. G.A. Hon’ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board 22-08-2025 1) This appeal has been preferred by the appellant under Section 415(2) of Bhartiya Nagarik Suraksha Sanhita, 2023 challenging the impugned judgment of conviction and order of sentence dated 12.12.2024 passed by learned Sessions Judge, Bemetara, District– Bemetara (C.G.) in Session Trial No. 04/2024, by which the appellant has been convicted and sentenced as under :- Conviction Sentence & Fine U/s 307 of the IPC RI for 10 years and to pay fine of ₹1,000/-; in default of payment of fine, additional RI for 3 months 2 2) The case of prosecution, in short, is that, On 20.10.2023, the complainant Munni Bai lodged the report at Police Station Berla, alleging that on 20.10.2023 at about 9:00 a.m., when she went to her field, she saw that her brother-in-law Shyam Kumar (appellant) had blocked the canal water coming from Anil Koshle’s field boundary to her fields. Then the complainant went to appellant, who quarreled with her and attacked her with a deadly sharp pointed sickle which caused injuries on various parts of body and excessive bleeding. Based on the complaint, FIR was registered against the appellant. The appellant was arrested on 23.10.2023. During investigation, site maps were prepared, blood-stained soil was seized, and on the basis of the accused’s memorandum, the sickle was seized from him. After recording witness statements, a charge sheet was filed. 3) During the course of trial, in order to bring home the offence, prosecution examined as many as 10 witnesses in support of its case. The statement of the appellant / accused was recorded in which he denied the circumstances appearing against him in the evidence brought on record by the prosecution, pleaded innocence and false implication. 4) Learned trial Court, after appreciation of oral and documentary evidence on record, convicted and sentenced the appellant as mentioned in the opening paragraph of this judgment, against 3 which the present appeal has been preferred by the appellant questioning the legality, validity and correctness of the impugned judgment. 5) Learned Senior counsel appearing for the appellant submits that she does not want to press this appeal on merits and confines her argument only on sentence part. She submits that the appellant is now aged about 63 years and has family responsibilities and he has already remained in jail for about 22 months. The incident took place in the year 2023 and since then the appellant is facing the lis. Hence, considering all these facts, the sentence of the appellant may be reduced to the period already undergone by him in the interest of justice. 6) Per contra, learned counsel appearing for the State, supported the impugned judgment and opposed the arguments advanced on behalf of the Appellant. 7) Heard learned counsel for the parties and perused the record including the impugned judgment. 8) Dr. Lokesh Joshi (PW-8), in his Court testimony, stated that on 20th October, 2023, he conducted a medical examination of injured Munnibai, who sustained the following injuries:- (A) A cut wound on the back of head of 3 X 0.5 X 1 c.m. in size. (B) A cut wound on the left cheek up to the depth of muscle of 5 X 3 X 2 c.m. in size. (C)A deep lacerated wound on the left side angle of mandible below the mouth. 4 (D) A cut in the little finger of right hand of 2 X 1 c.m. in size. (E) A lacerated wound on right wrist of 5 X 1 c.m. in size. (F) Cuts and lacerations on left wrist and hand. (G) A lacerated wound below his right eye of 3 X 0.01 c.m. in size. (H) A cut wound on the right side of head above ear of 2 X 1 c.m. in size. Dr. Joshi has opined that the injuries caused to the injured Munni Bai were serious in nature and there was a lot of loss of blood. He referred the injured to the Medical College, Raipur for CT Scan and other tests. His reports are Ex.P-7 and Ex.P-8. 9) Injured Munni Bai was further treated by Dr. Sajan Agrawal (PW-10) who in his court testimony, stated that the injured person had multiple injuries on her head, both hands, face, shoulder, jaw and other parts of body. He further stated that the victim was unconscious due to head injury and was admitted to ICU and a rod was inserted in her hand and she was admitted from 20.10.2023 to 06.11.2023. He further stated that there were only external injuries which were severe but there were no internal injuries. His report is Ex.P-18. 10)Having gone through the entire material available on record and the evidence of Munni Bai (PW-1), Dr. Lokesh Joshi (PW-8) his reports Ex.P-7 & P-8 and Dr. Sajan Agrawal (PW-10) his report Ex.P-18 establish the involvement of the Appellant in the crime in question. This Court does not find any illegality or infirmity in the finding recorded by the Trial Court as regards the conviction of the 5 appellant for offence punishable under Section 307 of IPC which is based on evidence available on record and it is hereby affirmed. 11)As regards the sentence, in the matter of Mohammad Giasuddin v. State of Andhra Pradesh1, 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 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 1. (1977) 3 SCC 287 6 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 Hon’ble Supreme Court in the case of Mohammad Giasuddin (supra) and keeping in view the fact that the incident arose from a minor land dispute, occurring approximately 22 months ago on 20.10.2023. At that time, the appellant was around 61 years old and now, he must be aged about 63 years, having family responsibilities. He is facing the lis since 2023, he has no criminal antecedent and he has already remained in jail for about 1 year 10 months. Taking into consideration all these facts, the ends of justice would serve if he is sentenced to the period already undergone by him. 13) Accordingly, the conviction of the appellant of offence under Sections 307 of IPC is maintained and the sentence of RI for 10 years is reduced to the period already undergone by him i.e. 1 year 10 months. However, the fine amount is enhanced from ₹1,000/- to ₹20,000/- which shall be deposited by the Appellant and disbursed to the injured person Munni Bai as compensation. In default of payment of fine amount, the appellant shall liable to undergo RI for 8 months. If any fine amount deposited as fine by the appellant, shall be adjusted in the fine, imposed upon him today by this Court. 7 14) Consequently, the appeal is partly allowed to the extent indicated hereinabove. 15) The appellant is reported to be in jail. He shall be released forthwith if not required to be detained in connection with any other case/s. 16) Let a certified copy of this judgment along with the original record be transmitted forthwith to the trial Court concerned. The copy of this judgment be also supplied to the concerned Jail Superintendent for information and necessary compliance. Sd/- (Sanjay Kumar Jaiswal) JUDGE Ajinkya Digitally signed by AJINKYA PANSARE Date: 2025.08.25 15:07:49 +0530