1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1224 of 2002 1 - Thomas Kumar S/o Ramesh Gara Aged About 22 Years R/o Village - Lachhkera Chowki Fingeswar, P.S. Rajim District - Raipur 2 - Krishna Kumar @ Jhadi S/o Shatrughan Lal Dhobi Aged About 27 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 3 - Khorbahra (Died And Abated) As Per Hon'ble Court Order Dated 18-02- 2025 4 - Janakram Sinha S/o Narayan Sinha Aged About 23 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 5 - Mansharam (Died And Abated) As Per Hon'ble Court Order Dated 18- 02-2025 6 - Sangan (Died And Abated) As Per Hon'ble Court Order Dated 18-02- 2025 7 - Hirau (Died And Abated) As Per Hon'ble Court Order Dated 18-02-2025 8 - Yadram S/o Sewakram Sahu Aged About 28 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 9 - Heeralal Dhruw S/o Bhuneshwar Dhruw Aged About 27 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 10 - Vijay @ Beeje S/o Rikhiram Sahu Aged About 26 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 11 - Mulchand S/o Ramnath Nishad Aged About 25 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 12 - Ramnath S/o Tiharuram Marar Aged About 32 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 13 - Nand Kumar @ Nandu S/o Lalaram Sahu Aged About 24 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 14 - Fotka @ Mayaram S/o Manrakhan Satnami Aged About 35 Years R/o VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.08.18 19:25:58 +0530 2 Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 15 - Jageshwar S/o Bhuvan Lal Nishad Aged About 20 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 16 - Tarachand S/o Mangluram Sahu Aged About 25 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 17 - Chaitram (Died And Abated) As Per Hon'ble Court Order Dated 18-02- 2025 18 - Bhagat Kewat S/o Chaita Kewat Aged About 25 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 19 - Ramu Kewat S/o Kashiram Kewat Aged About 35 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur 20 - Shyamu @ Bunu S/o Bishauram Sahu Aged About 31 Years R/o Village - Lachhkera Chowki Fingeshwar, P.S. Rajim District - Raipur ... Appellant(s) versus 1 - State Of Chhattisgarh Through P.S. Rajim Chowki - Fingeshwar, District - Raipur Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Appellant(s) : Ms. Renu Kochar, Advocate For Respondent(s)/State : Mr. Arvind Dubey, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Judgment on Board 14/08/2025 1. The appellants have filed the instant appeal under Section 374(2) of the Code of Criminal Procedure, 1973 against the impugned judgment of conviction and sentence dated 23.08.2002, passed by learned 2nd Additional Sessions Judge, Raipur, in Sessions Case No. 67 of 2002, whereby the appellants have been convicted and sentenced as below:- 3 Conviction Sentence U/s. 294 of IPC (On 03 counts) R.I. for 03-03 months with fine of Rs. 200-200/- each, in default of payment of fine further R.I. for 15-15 days to Heeralal, Thomas Kotwar, Yaadu Baiga, Ramu Baiga, Khorbahra and Bhagat. U/s. 147 of IPC (On 03 counts) R.I. for 01-01 year with fine of Rs. 200-200/- each to all the accused persons, in default of payment of fine further R.I. for 15-15 days. U/s. 341 of IPC (On 03 counts) R.I. for 15-15 days with fine of Rs. 100-100/- each to all the accused persons, in default of payment of fine further R.I. for 03-03 days. U/s. 506-B of IPC (On 03 counts) R.I. for 03-03 years with fine of Rs. 1000-1000/- each to all the accused persons, in default of payment of fine further R.I. for 06-06 months. U/s. 354 of IPC (On 03 counts) R.I. for 01-01 year with fine of Rs. 500-500/- each to all the accused persons, in default of payment of fine further R.I. for 03-03 months. U/s. 307 read with 149 of IPC (On 02 counts for PW-5 and PW-6) R.I. for 07-07 years with fine of Rs. 5000-5000/- each to all the accused persons, in default of payment of fine further R.I. for 02-02 years. U/s. 323 read with 149 of IPC (For PW-7) R.I. for 06-06 months with fine of Rs. 500-500/- each to all the accused persons, in default of payment of fine further R.I. for 02-02 months. U/s. 364 read with 149 of IPC (On 02 counts for PW-5 and PW-6) R.I. for 10-10 years with fine of Rs. 5000-5000/- each to all the accused persons, in default of payment of fine further R.I. for 02-02 years. 4 2. The case of the prosecution, in brief, is that on 21.10.2001, at about 09:00 AM, the Kotwar of the village Lachkera namely Thomas Kumar made a proclamation and called one person from every house of the village in the village meeting held on 21.10.2001, at about 10:00 AM. The husband of the complainant namely Gopal Sahu had also gone to the village meeting. The accused persons Heeralal Dhobi, Jhadi Dhobi, Nandu Sahu, Moolchand Kenwat, Fotka Satnami, Ramnath Marar, Shyam and B.J. Sahu came to the house of the complainant and asked her to go to meeting. On their asked, the complainant had also gone with them in the village meeting, where other persons of the village namely Khorbahara Sahu, Jhagan Kenwat, Mansharam Sahu, Bhagat Kenwat were also present. In the meeting, the accused Heeralal asked her about exorcism and when she denied, the accused persons pressurized her to do exorcism. Altercation took place there on that issue and Bhagat Nishad got the complainants undressed and burnt it. The accused persons took around the undressed complainants in the village and got administered their urine. They also put them in shock of electrocution and assaulted them by the thin stick and hand and fists alleging that the complainants are playing witchcraft. They outraged their modesty and with intention to commit their murder, brutally assaulted them. The complainant PW-5 lodged a report to the police on 22.10.2001, on which the unnumbered FIR (exhibit P-18) was registered at police station Rajim, outpost Fingeshwar for the offence under Sections 147, 148, 330, 341, 307, 508, 324 and 354 of IPC. The complainants were sent for their medical examination to the Govt. Hospital, 5 Fingeshwar, where the complainants PW-5, PW-6 and PW-7 have been examined by PW-19/Dr. B. Kuraishi and found the following injuries on the body of the complainants:- PW-5:- (i) Swelling with pain over lateral side of left upper arm with restricted movement. (ii) Abrasion 2x2 cm with clotted blood over lateral side of left forearm with restricted movement. (iii) Contusion placed obliquely from mid to lower extremely of right breast measuring 12 cm in length approx. and 1 cm in width with brownish discoloration. (iv) Swelling over right upper arm. (v) Placed obliquely over external side of left thigh measuring 12 cm in length, 2 cm in width with brownish discoloration. (vi) Below injury No.5, 1 contusion measuring 5 cm in length and 1 cm in width approx. (vii) Contusion placed obliquely over lateral side of right thigh measuring 10 cm in length approx. and 2 cm in width. (viii) Below No. 7, 1 contusion 5 cm in length, 2 cm in width. (ix) Complaining pain in neck. Above injuries could be caused by hard and blunt object and may heal in 7-10 days in absence of complication, except for injury No.1, for which patient is advised X-ray left upper arm, X-ray left forearm and her medical report is exhibit P-22. PW-6:- (i) One lacerated wound over left side of parietal region 6 placed obliquely, 2 cm x ½ cm approx. with clotted blood. (ii) Swelling 2 x 1 cm approx. over right cheek with multiple abrasion with brown colour. (iii) Contusion bluish in colour 15 cm long approx. 2 cm width approx. situated over right scapular region obliquely. (iv) By the side of injury No.3, contusion with bluish discoloration 3 x 2 cm approx. (v) Contusion 15 cm long approx. 2 cm width approx. over right scapular region placed obliquely with bluish discoloration. (vi) Below injury No.5, one contusion placed transversely 5 cm in length approx. 2 cm in width with bluish discoloration. (vii) Contusion over posterior aspect of left upper arm massive 5 x 4 cm approx. with bluish discoloration. (viii) Contusion over left lumber region placed obliquely 7 cm in length approx. 3 cm in width approx. (ix) Abrasion with clotted blood over chest measuring 15 cm in length approx. 2 cm in width approx. placed obliquely. (x) Contusion 5 cm x 2 cm approx. semi-circular over left breast with bluish discoloration. (xi) Contusion bluish discoloration over right breast measuring 5 cm x 2 cm approx. (xii) Abrasion with clotted blood over web of left index and middle finger, 3 cm length ½ cm in width approx. (xiii) Abrasion with circular contusion bluish in colour in groin region measurement 3x2 cm approx. (xiv) Abrasion 7 cm in length approx. in mid-thigh right placed transversely. (xv) Abrasion 3 cm in length with clotted blood placed transversely over mid-thigh left. 7 Patient is advised X-ray both scapular regions to rule out fracture, if any, in injury No. 3 and 5. Also advised x-ray chest to rule out fracture rib, if any. All the above injuries are caused by hard, blunt and rough object and may heal in 15 days approx. Except for injury No. 3 and 5, for which person is advised x-ray. Healing will depend upon x-ray report. Her injury report is exhibit P-28. (x) PW-7:- (i) Contusion with bluish discoloration placed transversely over right mid-thigh measuring 8 cm in length approx. 3 cm in width approx. with pain. (ii) Below injury No.1, contusion circular, 3 x 2 cm approx. with bluish discoloration. (iii) Contusion with bluish discoloration 8 cm in length, 2 cm in width approx. placed obliquely over medial aspect of left thigh. (iv) Contusion over posterior aspect of both thigh in mid- region 5 cm in length, 2 cm in width approx. with bluish discoloration. (v) Contusion with bluish discoloration over right scapular placed obliquely 7 cm in length approx. 3 cm in width approx. (vi) Multiple abrasion below left scapular with brown colour. (vii) Contusion 5 cm in length 2 cm in width approx. over posterior aspect of left upper arm placed obliquely. (viii) Complaining pain in neck. Above injury could be caused by hard, blunt and rough object and may heal in 7-10 days in absence of complication except for injury No.1, for which the person is advised x-ray right femur to rule out fracture, if any. Her MLC report is exhibit P-27 and P-29. 8 3. The X-ray report of PW-7 (exhibit P-30) and there is no fracture of any bone is found. Likewise, in the x-ray report (exhibit P-36), there was no fracture found on the body of the complainant/PW-5. 4. The spot map (exhibit P-1) was prepared by the Patwari and exhibit P-40 and P-41 were prepared by the Police. The accused persons have been arrested on 23.10.2001, 24.10.2001, 25.10.2001, 26.10.2001 and 28.10.2001 respectively and their memorandum statements have been recorded. The memorandum statement of appellant Heeralal is exhibit P-1, Vijay Kumar Sahu is exhibit P-3, Ramnath Marar is exhibit P-4, Moolchand is exhibit P-5, Nandu Kumar is exhibit P-6, Fotka Satnami is exhibit P-7, Thomas Chhetrapal is exhibit P-15, Bhaghat Kenwat is exhibit P-25. On the basis of memorandum statements of the accused persons, one thin stick and one scissor has been seized from accused Fotka Satnami vide seizure memo exhibit P-8, from Nand Kumar, one thin stick (exhibit P-10), from Moolchand one thin stick (exhibit P-11), from Ramnath thin stick (exhibit P-12), from Vijay Kumar thin stick (exhibit P-13), from Thoman Chhetrapal one leather belt (exhibit P-16), from Bhagat Ram one thin stick (exhibit P-26) have been seized. From the spot, the ash of burnt clothes and pieces of half burnt clothes, one half burnt waist belt of gillet silver, half burnt finger ring and half burnt gillet anklet have been seized vide seizure memo (exhibit P-9). From Heeralal, a deed agreement executed by the complainants, the signature of 73 villagers in a plain paper, one electric board having on/off switch indicator and circuit socket, one thin stick and 15-meter 9 electric wire have been seized vide seizure memo (exhibit P-62). The statement of the witnesses under Section 161 of CRPC have been recorded and after completion of usual investigation, charge sheet was filed against 20 accused persons before the learned Judicial Magistrate First Class, Gariyaband for the offence under Sections 147, 148, 330, 341, 307, 508, 324, 354 and 364 of IPC. 5. The case was committed to the Court of learned Sessions Judge, Raipur, from where the same was transferred to the learned trial Court for its trial. 6. The learned trial Court has famed charge against the accused persons for the offences under Sections 147, 294, 341, 506-B, 354, 307/149 (on three counts), 364/149 (on three counts) of the IPC. The accused persons have denied the charge and claimed trial. 7. In order to prove the charge against the accused persons, the prosecution has examined as many as 20 witnesses. Statement of the accused persons under Section 313 of CRPC have also been recorded, in which they denied the circumstances appears against them, pleaded innocence and have submitted that Bhagat Ram was suffering from ailment and doing abnormal behavior and it was rumor in the village that he is under the grip of witchcraft, for which a village meeting was convened. They are also the members of the village meeting and did nothing. One defence witness Kala Kumar Sinha (DW-1) has been examined by the accused persons. 10 8. After appreciation of oral as well as documentary evidence led by the prosecution and the defence, the learned trial Court has convicted the appellants and sentenced them as mentioned in the earlier part of the judgment. Hence this appeal. 9. During the pendency of the appeal, the appellant No.3 Khorbahara s/o Chanduram Sahu, appellant No.5 Mansa Ram s/o Buddhuram Sahu, appellant No.6 Sangan s/o Tiju Kewat, appellant No.7 Hirau s/o Bhuneshwar Dhruw and appellant No. 17 Chaitram s/o Akalaha Kewat have died and the appeal against the deceased appellants have been abated vide order dated 18.02.2025, passed in the present appeal. 10. Learned counsel for the appellants would submit that the prosecution has failed to prove its case beyond reasonable doubt. There are material omissions and contradictions in the evidence of prosecution witnesses and the same cannot be made basis to convict the appellants in the offence in question. She would also submit that the appellants are only the members of the village meeting and only to take revenge from them, the complainants have alleged them in the offence. Learned counsel for the appellants would further submit that the offence is of the year 2001, the appellants have undergone their jail sentence for about 02 years, all the appellants are presently in the age group of 50-60 years and saddled in their family life having innumerable responsibilities. There is no subsequent incident allege against the appellants, which disturbs the law and order in the village. The alleged offences do not provide any minimum sentence, 11 and therefore, by enhancing the fine amount, their sentence may be reduced for the period already undergone by them. 11. On the other hand, learned counsel for the State vehemently opposes the submissions made by learned counsel for the appellants and supporting the impugned judgment submits that the prosecution has proved its case beyond reasonable doubt. But for minor omissions or contradictions, the evidence of prosecution witnesses is fully reliable and sufficient to hold guilty of the appellants in the offence in question. There is no reason for false implication of the appellants. He would further submit that the manner in which the offence is committed and the nature of allegation does not entitle the appellants for reduction of their sentence. The alleged offence is quite heinous, which affects the public at large. The three lady complainants have been subjected to outrage their modesty, they took around in the village in undressed condition, they were brutally assaulted by the accused persons. All these acts of the appellants show their intention to commit the offence and therefore, no leniency can be extended to them for reduction of their sentence. The judgment of conviction and sentence passed by the learned trial Court is justified and the appeal of the appellants is liable to be dismissed. 12. I have heard learned counsel for the parties and perused the record of the trial Court. 12 13. Although, the learned counsel for the appellants has not argued the case on merits and restricted her submissions to the extent of reduction of sentence to the appellants for the period already undergone by them by enhancing the fine amount suitably, however, this Court deem it appropriate to deal with the evidence available on record. In the present case, there is no delay in lodging the report and there is no question of identification of the accused persons, as all the accused persons are residents of the same village, where the complainants are residing. 14. PW-5, PW-6 and PW-7 are the complainants in the present case, who are the victims. PW-5 has lodged the FIR (exhibit P-18). She stated in her evidence that on the date of incident, the village Kotwar Thomas made a proclamation in the village for village meeting and called a person from every house in the village. PW-5 was also called by him and when she had gone to village meeting, the other accused persons were also present. They pressurized her for exorcism upon Bhagat and they blamed her as ‘Tonahi’. When she protested, the accused persons started altercation and they undressed her. They get her electrocuted by live electric wire. Her clothes and ornaments were burnt by the accused persons and they assaulted her by thin stick, hand and fists. The accused persons have also treated the other complainants PW-6 and PW-7 in the same manner, as she was being treated by them. All the three complainants were taken around in the way of village in undressed condition. They were brutally assaulted them all through on the way 13 and despite their repeated requests, they were not pacified. The accused persons urinate upon the complainants. She disclosed the incident in detail, which she and other two complainants suffered by the act of the villagers to the accused persons. In her detailed cross- examination, the defence could not extracted any material which makes her evidence doubtful or to draw a conclusion that the accused persons have been falsely implicated by the complainants in the alleged offences. Treating a lady in alleged manner, would clearly demonstrate the intention of the accused persons to commit the offence with her. 15. The other complainants PW-6 and PW-7 are also the victim of the offence, which they suffered by the act of the accused persons. They also alleged the accused persons in verbatim, which they suffered as also disclosed by PW-5 in her evidence. They also gave the details of the incident committed by the accused persons and they were also subjected by the same offence as the PW-5 had suffered. But for minor omissions or contradictions, the PW-6 and PW-7 are also completely supported the prosecution’s case and these three witnesses PW-5, PW-6 and PW-7 are the injured witnesses and having the sterling quality in their evidence. The defence could not able to rebut their evidence in any manner, which makes their evidence doubtful. They are the injured witnesses and their evidence cannot be discarded for minor omissions or contradictions, which does not affect the credibility of substantial allegation. 14 16. The allegation leveled by the complainants PW-5, PW-6 and PW-7 has been supported by the evidence of PW-4, who is the daughter of one of the complainant PW-7. She too has supported that her mother was being undressed by the accused persons and took around her in the village in undressed condition and assaulted her brutally. She also received burn injuries on her mouth and urination upon her by Bhagat. The alleged incident is also supported by PW-9, who is the daughter-in-law of the complainant/PW-6, PW-11, who is the father of complainant/PW-7, PW-12, who is the elder brother of the complainant/PW-7. 17. The doctor, who medically examined the complainants, PW-19/Dr. B. Kuraishi has stated in his evidence that he medically examined the complainants on 23.10.2001 and gave his report exhibit P-22, P-27, P-28, P-29, P-30 and P-36. He would also depose that on examination of x-ray report, no fractures were found on the body of the complainants. Dr. B. Kuraishi has proved the number of injuries found on the body of the complainants, which were on all over their body. Though, the complainants alleged that they were subjected to electrocution and the Dr. B. Kuraishi does not found any sign of electrocution in their body, that itself does not dilute the offence of the accused persons. In the FIR itself, the allegation of electrocution is leveled. From Heeralal, the electric switch board and electric wife was seized by seizure memo (exhibit P-62) and in the evidence of PW-5, PW-6 and PW-7, there is allegation of electrocution. Thus, the prosecution has undoubtedly proved their case beyond reasonable 15 doubt against the accused persons. The number of injuries found on the body of the complainants, the manner in which they were assaulted, clearly shows the intention of the accused persons to commit the murder. For the offence under Section 307 of IPC, the nature of injuries is immaterial and it is the intention coupled with some overt act. The act of the appellants/accused persons also falls under the offence of abduction of the complainants as defined under Section 362 of IPC which is punishable under Section 364 of IPC. Undressing the complainants and took around them in undressed condition in the village, administering the urine are the offence falls under Section 354 of IPC for outraging their modesty. Thus, the prosecution has been able to prove the case against the appellants beyond reasonable doubts and their conviction as held by the learned trial Court are upheld. 18. So far as the sentence is concerned, learned counsel for the appellants has prayed for reduction of their sentence, as the accused persons have already undergone about 02 years of their sentence, the offence is of the year 2001, presently there is no dispute in the village and the villagers are living happily. There is no other incident alleged in the village against the appellants. The appellants are presently in the age group of 50-60 years and they are saddled in their family life with innumerable responsibilities. 19. In the matter of Mohammad Giasuddin Vs. State of Andhra Pradesh, (1977) 3 SCC 287, Hon'ble Supreme Court has observed that if you are to punish a man retributively, you must injure him. If 16 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 Samuel 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 Micodotis, Director of Criminological Research Center, Athens, Greece, maintains that 'crime is the result of the lack of the right kind of education'. If 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 reculturisation. Therefore, the focus of interest in penology is the individual, and the 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." 17 20. The appellant No.9 Heeralal, No.1 Thomas Kumar, No.8 Yadram (Yadu Baiga), No.19 Ramu and No.3 Khorbahara (since died) have already completed the sentence of R.I. for 03 months for the offence under Section 294 of IPC. 21. All the appellants have also completed their sentence of one year for the offence under Section 147 of IPC. They have also completed their sentence of 15 days for the offence under Section 341 of IPC. Further, the appellants have also completed their sentence of one year for the offence of Section 354 of IPC. They have also completed the sentence of 06 months for the offence under Section 323/149 of IPC for causing simple hurt to PW-7. 22. The appellants have been convicted for the offence under Section 506-B of IPC and sentenced for R.I. for 03-03 years with respect to the 03 complainants with fine of Rs. 1000/- each, in default of payment of fine they shall undergo additional R.I. for 06-06 months. The sentence awarded to the appellants for the offence under Section 506-B of IPC is reduced from R.I. for 03-03 years to the period already undergone by them by maintaining their fine amount and default stipulation. 23. The appellants have been convicted for the offence under Section 307/149 of IPC (on two counts) for attempt to murder of PW-5 and PW-6 and sentenced R.I. for 07-07 years with fine of Rs. 5000/-, in default of payment of fine additional R.I. for 02 years. In the peculiar facts and circumstances of the case and the length of criminal lis, 18 which the accused persons faced, and their innumerable responsibilities of family, the sentence awarded to them is reduced for the period already undergone by them by enhancing the fine amount by Rs. 7,500 -7,500/- to each of the appellants, in addition to the fine amount awarded by the learned trial Court, failing which they shall undergo the additional R.I. for 04 months. 24. The appellants have been convicted for the offence under Section 364/149 of IPC (on two counts) for kidnapping of PW-5 and PW-6 and sentenced R.I. for 10-10 years with fine of Rs. 5000/-, in default of payment of fine additional R.I. for 02 years. In the peculiar facts and circumstances of the case and the length of criminal lis, which the accused persons faced, and their innumerable responsibilities of family, the sentence awarded to them is reduced for the period already undergone by them by enhancing the fine amount by Rs. 7,500 -7,500/- to each of the appellants, in addition to the fine amount awarded by the learned trial Court, failing which they shall undergo the additional R.I. for 04 months. All the sentences are directed to run concurrently. 25. The total fine amount enhanced by this Court against the surviving appellants comes to Rs. 2,25,000/-. The same shall be paid by the appellants within 03 months from today. The enhanced fine amount of Rs. 2,25,000/- shall be paid to the complainants PW-5, PW-6 and PW-7 in equal proportion i.e. Rs. 75,000/- to each of the complainants as compensation as provided under Section 395 of the Bharatiya Nagarik Suraksha Sanhita 2023 (Section 357 of CRPC). If 19 the complainants are found dead, the compensation, as awarded by this Court, shall be paid to their legal heirs. The compensation, as awarded by the learned trial Court to the complainants and paid to them are remain intact. 26. As per the jail report, submitted by the Central Jail, Raipur on 26.10.2020, which is available in the record, the appellants have undergone their jail sentence for the following periods:- Ø- canh dk uke@firk dk uke fooj.k fnukad o"kZ ekg fnu 1- Fkkel dqekj@jes’k xkM fopkjk/khu vof/k 24-10-2001 ls 22-08-2002 rd 00 10 00 Hkqxrh ltk vof/k 23-08-2002 ls 21-10-2003 rd 01 00 00 ;ksx 02 02 00 2- d`".kdqekj mQZ >Mh@’k=qgu yky fopkjk/khu vof/k 24-10-2001 ls 22-08-2002 rd 00 10 00 Hkqxrh ltk vof/k 23-08-2002 ls 22-10-2003 rd 01 02 01 ;ksx 02 00 01 3- [kksjckgjk@panwjke ¼e`r½ 4- tud jke flUgk@ukjk;.k flUgk fopkjk/khu vof/k 07-02-2002 ls 01-03-2002 rd 00 00 23 Hkqxrh ltk vof/k 23-08-2002 ls 21-10-2003 rd 01 02 00 ;ksx 01 02 23 5- ea’kk jke@cqnqjke lkgw ¼e`r½ 6- laxu@rhtw dasoV ¼e`r½ 7- fgjÅ@Hkqus’oj /kqzo ¼e`r½ 20 8- ;knjke@lsod jke lkgw fopkjk/khu vof/k 06-11-2001 ls 22-08-2002 rd 00 09 17 Hkqxrh ltk vof/k 23-08-2002 ls 22-10-2003 rd 01 02 01 ;ksx 01 11 18 9- ghjkyky /kqzo@Hkqus’oj /kqzo fopkjk/khu vof/k 06-11-2001 ls 22-08-2002 rd 00 09 17 Hkqxrh ltk vof/k 23-08-2002 ls 21-10-2003 rd 01 02 00 ;ksx 01 11 17 10- fot; mQZ chts@fj[khjke lkgw fopkjk/khu vof/k 06-11-2001 ls 22-08-2002 rd 00 09 17 Hkqxrh ltk vof/k 23-08-2002 ls 22-10-2003 rd 01 02 01 ;ksx 01 11 18 11- ewypan@jkeukFk fu"kkn fopkjk/khu vof/k 06-11-2001 ls 22-08-2002 rd 00 09 17 Hkqxrh ltk vof/k 23-08-2002 ls 21-10-2003 rd 01 02 00 ;ksx 01 11 17 12- jkeukFk@frgk: jke fopkjk/khu vof/k 06-11-2001 ls 22-08-2002 rd 00 09 17 Hkqxrh ltk vof/k 23-08-2002 ls 22-10-2003 rd 01 02 01 ;ksx 01 11 18 13- uandqekj mQZ uanw@ykykjke lkgw fopkjk/khu vof/k 06-11-2001 ls 22-08-2002 rd 00 09 17 Hkqxrh ltk vof/k 23-08-2002 ls 21-10-2003 rd 01 02 00 ;ksx 01 11 17 14- QksVdk mQZ e;kjke@eujk[ku fopkjk/khu vof/k 06-11-2001 ls 22-08-2002 rd 00 09 17 Hkqxrh ltk vof/k 23-08-2002 ls 21-10-2003 rd 01 02 00 ;ksx 01 11 17 15- tkxs’oj@Hkqouyky fu"kkn fopkjk/khu vof/k 06-11-2001 ls 22-08-2002 rd 00 09 17 Hkqxrh ltk vof/k 23-08-2002 ls 21-10-2003 rd 01 02 00 ;ksx 01 11 17 -16 rkjkpan@eaxywjke lkgw fopkjk/khu vof/k 06-11-2001 ls 22-08-2002 rd 00 09 17 Hkqxrh ltk vof/k 23-08-2002 ls 21-10-2003 rd 01 02 00 ;ksx 01 11 17 17- pSrjke@vdygk dasoV ¼e`r½ 18- Hkxr dsaoV@pSrjke fopkjk/khu vof/k 28-10-2001 ls 22-08-2002 rd 00 09 26 Hkqxrh ltk vof/k 23-08-2002 ls 24-10-2003 rd 01 02 03 ;ksx 01 11 29 21 19- jkew dsaoV@dk’khjke dasoV fopkjk/khu vof/k 28-10-2001 ls 22-08-2002 rd 00 09 26 Hkqxrh ltk vof/k 23-08-2002 ls 22-10-2003 rd 01 02 01 ;ksx 01 11 27 20- ‘’;kew mQZ cquw@fclkSgk lkgw fopkjk/khu vof/k 29-10-2001 ls 22-08-2002 rd 00 09 25 Hkqxrh ltk vof/k 23-08-2002 ls 21-10-2003 rd 01 02 00 ;ksx 01 11 25 27. The present reduction of sentence is made under the peculiar facts and circumstances of the case and it may not be treated as precedent. 28. With the aforesaid modification of sentence, the appeal of the appellants is partly allowed. 29. Let a copy of this judgment and the original records be transmitted to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ravindra Kumar Agrawal) Judge ved