1 2025:CGHC:20007 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 271 of 2016 1 - Gourav Wadhwani S/o Rajkumar Wadhwani Aged About 26 Years R/o Panchsheel Nagar Chhattisgarh, Behind Club, Raipur, District Raipur, Chhattisgarh. 2 - Deepak Wadhwani S/o Girdhari Lal Wadhwani Aged About 19 Years R/o Panchsheel Nagar Chhattisgarh, Behind Club, Raipur, District Raipur, Chhattisgarh. 3 - Suresh Bhogul S/o Subramaniyam Bhogul Aged About 29 Years R/o Panchsheel Nagar Chhattisgarh, Behind Club, Raipur, District Raipur, Chhattisgarh. ... Appellants versus State of Chhattisgarh Through Station House Office, Police Station Torwa, Bilaspur, District Bilaspur, Chhattisgarh. ---- Respondent ___________________________________________________________ For Appellants : Mr. Varun Sharma, Advocate (through Legal Aid) For State/Respondent : Mr. Swajeet Singh Ubeja, Panel Lawyer ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board 01/05/2025 1. Today when the matter is called out for hearing, no one appeared 2 on behalf of the appellant I, therefore, requested for assistance from a Counsel of the High Court Legal Aid Services Committee, Mr. Varun Sharma, Advocate has been nominated to assist the Court. 2. I have gone through the judgment under appeal and the depositions of witnesses and exhibits assisted both by Advocate, Mr. Varun Sharma through the High Court Legal Services Committee and Learned State Counsel. In view of (2014) 14 SCC 222 (Surya Baksh Singh v. State of Uttar Pradesh), I do not consider it necessary to adjourn this case and issue fresh notice to the Appellant as his interest has been duly taken care of by nominating another Counsel from the High Court Legal Services Committee. 3. This appeal has been preferred by the appellants/accused being aggrieved with the judgment of conviction and order of sentence dated 09.02.2016 passed by the First Additional Sessions Judge, Bilaspur, District Bilaspur (C.G.) in Sessions Trial No.04/2009, whereby the trial Court has convicted the each appellant as under : Conviction Sentence Under Section 342/34 of the IPC R.I. for 01 year and fine amount of Rs.1,000/- and in default of payment of fine, additional RI for one month 3 4. According to the case of prosecution that on the date of the incident, i.e., 07.11.2008, the complainant was traveling from Nagpur to Rourkela in AC-2 coach berth number 31 of Geetanjali Express. At Gondia railway station, accused no. 1 Gaurav Wadhwani came to the complainant’s coach and started sitting near his berth. Then the complainant asked him for the ticket. On this matter, accused no. 1 and the complainant had a dispute. The complainant informed the RPF and TT posted on duty in the train about this. During this time, the train reached Raipur railway station. On reaching Raipur, two other accused came to the complainant’s coach and along with accused no. 1, they quarreled with the complainant’s by abusing him obscenely and the accused tried to take the complainant’s suitcase off the train. During this time, the train reached Bilaspur station from Raipur. The train stopped when the accused pulled the chain near the railway gate, about one and a half kilometer from Bilaspur railway station. Then the accused forcefully caught the complainant and took him down and with the intention of killing him, made him sit in an auto and were taking him to an unknown place towards Bilaspur city. On the way, near Gurunanak Chowk police post, the complainant saw the police and shouted and the police stopped the auto. When the complainant informed about the incident, the complainant and the accused were brought to Torkha police station along with the auto. 4 5. On the basis of aforesaid, FIR was registered on the complainant’s report in Roznamcha Sanha and Torwa police station. Auto number CG 10 D-0448 was seized. Statement of witnesses was recorded under Section 161 CrPC. 6. After investigation of the case, the challan was filed in the Court of Chief Judicial Magistrate, Bilaspur, thereafter, the case was received by this Court for trial. 7. After completion of investigation, charge-sheet was filed by the police and the trial Court framed the charge against the appellants- accused. 8. To prove the guilt of the accused/appellants, the prosecution has examined as many as 08 witnesses. Statements of the appellants under Section 313 of the Cr.P.C. were recorded, wherein accused/appellants have pleaded their innocence and false implication in the matter. 9. After completion of trial, the trial Court convicted and sentenced the appellants as mentioned in paragraph three of this judgment. Hence, this appeal. 10. 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 5 incident is of the year 2008 and he is facing lis since 2008. Appellants has undergone almost 02 months, therefore, it is prayed that the jail sentence awarded to the appellants may be reduced to the period already undergone by them. 11. 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. 12. I have heard learned counsel for the parties and perused the impugned judgment and other material available on record with utmost circumspection. 13. Victim- V. Shashank Shekhar (PW-7) has stated in his statement that the incident took place between 12 and 1 am on the night of 7/11/2008. he was travelling from Nagpur to Rourkela by Geetanjali Express. He had berth number 31 in AC-2 coach. After Nagpur, the accused came near his berth. He found their behaviour a little strange. Gaurav Wadhwani, the accused, said that this berth was not allotted to him. He asked the accused if he had a ticket for this berth, then he started talking rudely to him. He said, why is he asking in this manner. He informed the TT and the police force about this. The TT later told him that the berth of the accused has been allotted, he can sleep peacefully, they have been 6 sent to AC-3. He thought that the matter is over. When the train reached Raipur, the accused Gaurav entered with his two companions. The behaviour of the accused was very violent. They tried to make him get down. He tried to go ahead, but he could not go ahead because the partition was closed. After that the train left. Then the TT also came. The TT talked to the accused and was trying to convince them, but the accused were very agitated. By then the train had reached Bilaspur station. There also the accused were in a violent mood. He tried to get down from that coach and go to another coach and when he got down, the accused also got down. They caught him and took him back to his coach. By then the train left Bilaspur station. The accused pulled the chain, so the train stopped after Bilaspur station. The accused forcibly made him get down. An auto came outside the station and he was forcibly pushed into the auto and made to sit. He felt that the accused had stopped the auto. 14. This witness has further stated that after that the auto took him on an unknown road. The accused were threatening him by dire consequences. The accused were very aggressive. After walking for a while, they reached a police check post where they met the policemen and stopped them. There he got down from the auto and told the policemen about the incident that the accused have kidnapped him. The policemen took everyone to Torwa police 7 station and they were questioned there. He had lodged a written report with the police. FIR is Ex.P-10. 15. 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 offence under Sections 342/34 of IPC and sentenced to undergo RI for 1-1 year. 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 under Sections 342/34 of IPC. 16. With regard to the sentence part, the trial Court has sentenced the appellants for RI for 1-1 year for the offence under Section 342/34 IPC. Considering the fact that the date of incident is 07.11.2008, almost 16 years have been lapsed and further considering that the appellants have already undergone about 01 month 08 days out of period of 01 year 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. 17. The criminal appeal is partly allowed to the extent indicated 8 herein-above. 18. 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