1 2025:CGHC:6647 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 345 of 2007 1. Deo Singh, S/o Ram Singh, aged about 36 years, Occupation Teacher, R/o Village Dharampur, P.S. Baikunthpur, District Korea (C.G.) 2. Jag Mohan Singh, S/o Laxman Singh, aged about 26 years Occupation-Agriculturist, R/o Village Dharampur, P.S. Baikunthpur, District Korea (C.G.) ... Appellants versus State of Chhattisgarh, Through S.H.O. Police Station- Baikunthpur, District Korea (C.G.) ... Respondent For Appellants : Ms. Meena Shastri, Advocate For Respondent/State : Mr. Vivek Mishra, Panel Lawyer Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 05/02/2025 1. The present appeal arises out of the impugned judgment of Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.02.06 17:28:39 +0530 2 conviction and order of sentence dated 27.04.2007 passed by the learned Sessions Judge, Korea, Baikunthpur (C.G.), in Session Case No.35/2006 whereby the learned Judge has convicted and sentenced the appellants as under : Name of Appellants Conviction Sentence & Fine Deo Singh U/s 325 of IPC RI for 1 years and fine of Rs.1,000/-, in default thereof, 1 month additional RI. U/s 506 of IPC Fine of Rs.500/-, in default thereof, 15 days RI. Jag Mohan U/s 323 of IPC Fine of Rs.1,000/-, in default thereof, 1 month RI. U/s 506 of IPC Fine of Rs.500/-, in default thereof, 15 days RI. 2. As per the prosecution story, Rajnarayan Singh, who was posted as a Forest Guard in Dharampur, lodged a written report at Baikunthpur police station on 16-03-2006, stating that on 15-03-2006, at around 7:00 PM, he was traveling on his motorcycle along with Shyambihari (P.W.2) to perform his official duties at his headquarters in Dharampur. About 15 kilometers before reaching the headquarters, the accused Deo Singh and Jagmohan Singh stopped his vehicle with sticks in their hands and said that he and the forester were arbitrarily carrying out their work, and they would not allow this to continue. While abusing him in an indecent manner, accused Deo Singh hit him on his right hand with a stick, and accused Jagmohan struck him on his left hand. The injured Rajnarayan and witness Shyambihari left their motorcycle and fled from the scene. Thereafter, submitted a written report to the police station vide Ex.P-2, based on which FIR (Ex.P-1) was registered against the accused persons. The injured party also 3 submitted a written report (Ex.P-3) about the incident to the Forest Range Officer, Baikunthpur. Rajnarayan underwent a medical examination conducted by Dr. S.K. Gupta (PW-4), who found a total of five injuries on his hands and other parts of his body. The doctor also suggested an X-ray examination of his right wrist and left palm. The X-ray revealed a fracture in the radius bone of his right wrist. The site map of the crime scene was prepared vide Ex.P-4. Seizure (Ex.P-6) of the stick was was made from accused Jagmohan. Thereafter, statements of witnesses were recorded. After completion of investigation, a charge sheet was filed against the accused persons. 3. So as to hold the Appellants guilty, the prosecution has examined as many as 7 witnesses and exhibited 10 documents. The statement of the Appellants were also recorded under Section 313 of the Cr.P.C. in which they denied the circumstances appearing against them, pleaded innocence and false implication in the case. However, 2 documents were exhibited by them in their defence. 4. After hearing the parties, vide impugned judgment of conviction and order of sentence dated 27.04.2007, the learned Judge has convicted and sentenced the appellants for the offence as mentioned in para-1 of this judgment. Hence, the present appeal. 5. Learned counsel for the appellants submits that she does not want to press this appeal on merits and confines her argument only on sentence part. She also submits that the appellants are currently aged about 55 years, Appellant No.1 Deo Singh has already remained in jail for about 4 days. The incident took place in the year 2006 and since then the appellant is facing the lis. The appeal is pending since 2007. Hence, it is prayed that by enhancing the fine 4 amount, the sentence of appellant No.1 Deo Singh of the above offences 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, opposed the arguments advanced on behalf of the Appellants. 7. Heard learned counsel for the parties and perused the material available on record including the impugned judgment. 8. Having gone through the material available on record and the evidence of Rajnarayan Singh (PW-1), Shyambihari (PW-2), Dr. S.K. Gupta (PW-4) and medical report (Ex.P-9), establish the involvement of the Appellants in the crime in question. This Court does not see any illegality in the findings recorded by the Trial Court as regards the conviction of the Appellants for the offence punishable under Sections 325, 323 & 506 of the IPC. 9. As regards the sentence of Appellant No.1 Deo Singh, keeping in view the facts that the incident had taken place in the year 2006 about 19 years ago and further considering the facts and circumstances of the case and also considering that appellant Deo Singh is aged about 55 years at present, he has already remained in jail for about 4 days, he is facing the lis since 2006 and he has no criminal antecedents, in the interest of justice, in considered opinion of this Court, it is appropriate to reduce the sentence of appellant Deo Singh from R.I. for 1 year to the period already undergone by him i.e. 4 days for the offence punishable under Section 325 of the IPC. However, the fine amount for offence under Section 325 is enhanced from Rs.1,000/- to Rs.5,000/- which shall be payable by the Appellant within 60 days from today. The Fine amount imposed upon the Appellants for other offences shall 5 remain intact, ordered accordingly. 10.So far as, Appellant No.1 Deo Singh is concerned, it is directed that the sentence awarded to him shall not affect his career in the future, if any, in any manner. 11. Consequently, the appeal is allowed in part to the extent indicated hereinabove. 12.The appellant No.1 Deo Singh is on bail. He need not to surrender in this case. His bail bonds shall remain in force for a period of six months in view of the provisions contained in Section 437-A of the CrPC. 13. Let a certified copy of this judgment along with the original record be transmitted to the trial Court concerned forthwith for information and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) JUDGE Shubham