1 2025:CGHC:57200 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1074 of 2024 1 - Hori Singh S/o Gajrup Singh Aged About 60 Years, 2 - Rajendra Singh @ Rajnu S/o Hori Singh Aged About 21 Years, 3 - Fulbasiya Bai W/o Hori Singh Aged About 50 Years, All are R/o Village Bandhwatola Kudri P.S. Pendra, District : Gaurela- Pendra-Marwahi, Chhattisgarh ... Appellants versus State Of Chhattisgarh Through Station House Officer Police Station Pendra (Wrongly Mention As P.S. Gaurela At Annexure A - 1), District : Gaurela- Pendra-Marwahi, Chhattisgarh ---- Respondent For Appellants : Mr. Vijay Shankar Mishra, Advocate For State/Respondent : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma Order On Board 25/11/2025 2 1. This appeal has been preferred by the appellants being aggrieved by the judgment of conviction and sentence dated 08.05.2024 passed in Sessions Trial No.09/2022 by Additional Sessions Judge, Pendra Road, Bilaspur (C.G.) whereby, the trial Court has convicted the appellant for the offence punishable under Section 325/34 of the Indian Penal Code, rigorous imprisonment for 01 year (two times) with fine amount of Rs.1,000/- (each), in default of payment of fine amount, they shall undergo additional rigorous imprisonment for 01 month. 2. According to the case of prosecution in brief is that the complainant Manohar Singh God lodged F.I.R on 01.06.2021at P.S pendra that he is residence of village kudri and they are 4 brothers who are cultivating and leaving there own partition area. At village kudri there is land in the name of his mother in which all brothers have equal right but accused Hori lal wants to take the same alone and he has erected the wall for the purpose of construction of house for which there had been quarrel between them .On 28.05.2021 at about 9.30 P.M when he had sleeped after taking meal then he heard noise of quarrel and came out then found that his son Ram Dayal alias Ramadhar was lying in front of house the bold was oozing out of his head immediate then the accused Rajnu came and assaulted his right shoulder with sped. He further alleged that the appellants as to why 3 had committed mar pit with his son he don't now but the Raju God has seen the incident. On the basis of this the offence in connection with crime no 123/2021 for the offence punishable under section 323,506 read with section 34 of IPC was registered against the appellants during the course of investigation the MLC report of the victim Ramdayal was collected as he has been admitted in the hospital his bed head ticket and medical documents were also seized. On the basis of medical report the offence U/S 325,307, read with section 294of IPC was also added. 3. During the course of enquiry, the weapon was seized form accused Rajendra Singh @ Rajnu and his memorandum was recorded and accused Raju God was also found for commission of offence the statement of the witnesses were recorded spot map was prepared accused/appellants were arrested by the P.S Pendra and after compellation of investigation the charge sheet against appellants and the accused Raju God for commission of offence U/S 294,325,323,506,307,read with section 34 of IPC was filled before the CJM Pendra Distt Bilaspur C.G which was committed before the learned upper session judge Pendra Road Distt Bilaspur C.G. 4. The learned upper Session Judge, Pendra road framed the charges U/S 294, 506, Part II, 325, 307 read with Section 34 of IPC against the appellants and the accused Raju god which was. absurd therefore 4 the trial was initiated. 5. The prosecution examined as many as 14 witessess namely Ramdayal Pw-1, Manohar singh PW-2 Kusum Maerawhi PW-3 Noharsingh PW-4, Ramkumar Jaiswal PW-5 Rajni Singh PW-,6 DrNikita PW-7Salman PW-8 S.I Lekhiram Patari PW-9Prashant Tiwari PW-10 Ishwar marawi PW-11 DR Anurag PW-12 Inspector Preveen KumarPW-13 S.I Meena ThakurPW-14 to prove its case which were cross examined by the defence counsel ,it is pertinent to mention here that during the course of trial the accused Raju God died at evidence stage. 6. The learned trial Court after hearing the argument of both the sides found the appellants guilty for commission of offence under section 325, read with section 34 of IPC and acquitted with the charges of u/S 234,506 Part II and 307 of IPC. Since there was allegation that the appellants had assaulted the Ram dayal @ Ramdhar as well as manohar therefore trial court sentenced the appellants 2 times for commission of offence U/s 325,read with section 34 of Ipc with R.I for 1 year each with fine amount of Rs. 1000 Each for the appellants in default of payment of fine amount R.I 1 month each of the appellants further. Hence this appeal. 7. Learned counsel appearing on behalf of the appellants submits that 5 he does not wants to press this appeal on merits and confines his argument to the sentence part only. He further submits that the incident is of the year 2021. Appellant No.1 is aged about 60 years, Appellant No.2 is aged about 21 years and Appellant No.3 is aged about 50 years and he is facing the lis from last 04 years. During trial, the appellants were in jail 04 months and 02 days and after conviction, they were in jail 11 days, i.e, total they have undergone about 04 ½ months in this case, therefore, it is prayed that the jail sentence awarded to the appellants may be reduced to the period already undergone by them. 8. 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. 9. I have heard learned counsel appearing for the parties and perused the material available on record with utmost circumspection. 10. Injured – Ramdayal @ Ramadhar (PW-1) has stated that there is a plot of land in front of his house where Hori Singh was building a wall. He told Hori Singh that four people share the land, so he shouldn't build a house. Hori Singh, Rajnu, Raju, and Phulbasiya assaulted him. Rajnu hit him with a spade, and Phulbasiya, Raju, and Hori Singh beat him 6 with a stick. The spade hit him on the left side of him head, causing him to faint and be taken to the hospital. He was taken to the hospital in Gaurela, from where he was referred to Bilaspur. He was admitted to Noble Hospital in Bilaspur. He remained there for one month and seven days. 11. Manohar Singh (PW-2) (father of Injured Ramadayal) has stated that there is a plot of land near backyard, in which all four brothers have a share. The incident occurred about a year ago. It was around 9 p.m. at night, when Hori Singh was raising a wall on the land. He had an argument with his son Ramdayal over the matter. He heard the sound of a fight, so he ran out of the house. His son Ramdayal was lying on the street. He had suffered a head injury and was bleeding. When he got there, Hori Lal had hit him on the right shoulder with a spade. He informed the village head, Ishwar Singh Maravi, about the incident, who then called the 112 ambulance. His son Ramdayal was first taken to the hospital in Gaurela, from where he was referred to Bilaspur. 12. Dr. Ankur Jaiswal (PW-7) posted at District Hospital, Gaurela-Pendra- Marwahi as the Medical Officer. He examined the injured Ramdayal regarding the injuries discovered during his examination. He found that the injured complained of pain in the left side of the back of his head. During the examination, the injured's speech was slurred, and he stated that he had fainted at the time of the injury. There was a 7 lacerated cavity in the temporal parietal region of the injured's head, measuring approximately 4 x 1 cm. This lacerated cavity was approximately 6 cm above his ear pinna. He recommended a CT scan and a skull X-ray, and recommended orthopedic and neurosurgical opinions. He opined that the injuries sustained by the victim were caused by a hard, blunt object. The nature of the injuries can be determined by a specialist based on the examination report. The patient was referred to the higher center, SIMS Bilaspur, for treatment. His report is Ex.P-7. 13. Dr. Anurag Singh posted at Noble Hospital, Bilaspur, who examined the injured – Ramdayal. On examination, he found that the injured had a skull fracture and bleeding within the brain. He had suffered a serious head injury. He was admitted and treated from May 29, 2021, to May 7, 2021. Neurosurgery was performed on May 31, 2021. The blood clot within the brain was removed and the skull fracture repaired. When the injured was brought to the hospital, he was in critical condition and was kept in the ICU. During treatment, the injured person underwent a CT scan and several pathological tests. The CT scan was performed at Manya Imaging and Diagnostic Point Center and other tests at Arihant Pathology Lab, and the reports were obtained from there. Based on the diagnosis provided in these reports, the injured person was treated as needed at our hospital. The victim 8 had a 5.5 cm lesion in the left temporoparietal region of the brain. The report is Ex. P. 26. 14. Considering the facts and circumstances of the case and statement given by the witnesses and other material available on 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. 15. With regard to the sentence part, maximum sentence of the appellants is RI for 01-01 year. Considering the fact that the date of incident is 01.06.2021. Further, considering the nature of injuries sustained by the injured and also considering that the appellants have already undergone almost 04 ½ months out of period of 01 year’s 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 and the fine sentence should be enhanced. Ordered accordingly. 9 16. Consequently, the appeal is partly allowed. The conviction of the appellants under Section 325/34 IPC is affirmed and against the conviction he is sentenced to the period already undergone by them. However, the fine amount is enhanced to Rs.10,000-10,000/- from Rs.1,000 – 1,000/-. Accordingly, the appellants are directed to pay Rs.10,000-10,000/- as a fine amount which shall be payable within a period of 45 days from the date of receipt of this order. The said amount shall be given to brothers of the injured. In default of payment of the enhanced fine amount, the appellants shall liable to further undergo simple imprisonment for 03-03 months. 17. 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