1 2026:CGHC:8344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1641 of 2024 1 - Bifan Gosai S/o Late Mangur Gosai, Aged About 38 Years, R/o Village Amdanda, P.S. Balrampur, District - Balrampur-Ramanujganj Chhattisgarh. ... Appellant versus 1 - State Of Chhattisgarh Through Police Station Pasta, District - Balrampur-Ramanujganj Chhattisgarh. ... Respondent For Appellant : Mr. Pushkar Sinha, Adv. For Respondent/State : Ms. Monika Dey, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 16/02/2026 1 The present appeal has been filed under Section 415(2) of BNSS against judgment of conviction and order of sentence dated 30.05.2024 passed by the learned 1st Additional Sessions Judge, Ramanujganj, District – Balrampur-Ramanujganj (C.G.), in Sessions Trial No. 09/2022 whereby the learned Judge has convicted and sentenced the appellant as under:- Conviction Sentence U/s 450 of IPC Rigorous imprisonment for 02 years with fine of Rs. 200/-, in default of payment of fine amount additional imprisonment for 1 month. U/s 294 of IPC Rigorous imprisonment for 01 month. 2 U/s 506-II of IPC Rigorous imprisonment for 06 months. U/s 307 of IPC Rigorous imprisonment for 07 years and fine of Rs.700/-, in default of payment of fine amount, further imprisonment for 03 months. U/s 324 of IPC Rigorous imprisonment for 06 months. (All the sentences were directed to run concurrently). 2 The prosecution's case, in brief, is that on 26.04.2021, complainant Kunti Giri reported the matter to the police at P.S. Pasta stating that on the date of incident i.e., 21.04.2021, she was inside her house sleeping with her grandson Luv Giri, when at about 10:30 pm, the appellant/accused entered her house and, using filthy language, said that she was not returning the amount of Rs.7000/- which he had given to her. He started abusing and threatening her, then assaulted her with an axe he was carrying, due to which her grandson got a sharp cut above his left ear. While trying to defend him, she got a cut on the upper part of her right hand. When she started shouting, the accused ran away with the axe. On such information, an FIR was registered against the present accused for the offences punishable under Sections 294, 506, 323, 450 of IPC. 3 So as to hold the appellant guilty, the prosecution has examined as many as 12 witnesses and exhibited 15 documents. The statement of the appellant was also recorded under Section 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication in the case. 4 After hearing the parties, vide impugned judgment of conviction and order of sentence dated 30.05.2024, learned Judge has convicted and sentenced the appellant for the offence as mentioned in para-1 of this judgment. Hence, the present appeal. 5 Learned counsel for the appellant submits that he is not pressing the appeal so far as it relates to the conviction part of the judgment and would confine his argument to the sentence 3 part thereof only. According to him, the incident is said to have taken place in the year 2021, about 05 years ago. The appellant is in jail since 16.11.2021 till date i.e. 4 years, 03 months The appellant is aged about 39 years, he has no criminal antecedents, and he is still serving the jail sentence; therefore, in the interest of justice, it would be appropriate if the sentence imposed upon him may be reduced to the period already undergone by him and he may be released from jail. 6 Per contra, learned counsel appearing for the State, supporting the impugned judgment, opposed the arguments advanced on behalf of the counsel for appellant. 7 Heard learned counsel for the parties and perused the material available on record including the impugned judgment. 8 Dr. Ramesh Patel (PW-10) opined in his statement that the injured Luv Giri had lacerated wound with swelling on the left temporal region, measuring 02 cm x 3cm, caused by a hard and blunt object, and the injured Kunti had a lacerated wound on the right palm, measuring 1cm x 2cm, caused by a hard and blunt object. It is also stated in para 4 of his statement that as per C.T. scan report, Luv Giri had a fracture in the left temporal and patietal region and his death could have been possible if timely treatment was not provided. 9 Having gone through the material available on record and the evidence of the witnesses Kunti Giri (PW-01), Jahar Sai (PW-2), Raju Giri (PW-3), Pitambar Giri (PW-4), Ram Kuchhir (PW-5) and Dr. Ramesh Patel (PW-10), establish the involvement of the appellant in the crime in question. This Court does not see any illegality in the findings recorded by the Trial Court as regards conviction of the appellant for the offence punishable under Sections 450, 294, 506-II, 307 and 324 of IPC. 10 As regards sentence, in the matter of Mohammad Giasuddin v. State of Andhra Pradesh reported in (1977) 3 SCC 287, 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 4 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 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.” 5 11 In the light of the decision of the Supreme Court in the case of Mohammad Giasuddin (supra) and keeping in view the fact that the appellant is in jail since 16.11.2021 till date, the maximum sentence imposed upon the appellant is 07 years, out of which he has already served the jail sentence of 4 years and 03 months, it appears from the arrest memo (Ex-P/14) that the appellant has studied upto 8th class and works as a labour, this Court is of the opinion that the ends of justice would serve if the appellant is sentenced to the period already undergone by him. 12 Accordingly, the conviction of the appellant under Sections 450, 294, 506-II, 307 and 324 of IPC is maintained and the jail sentence for the offence under Section 450, 294, 506-II and 324 of IPC is also maintained but his jail sentence under Section 307 IPC is reduced to the period already undergone by him i.e. 4 years, 03 months. However, the fine amount with default stipulation imposed upon the appellant by the trial Court shall remain intact. 13 Consequently, the appeal is allowed in part to the extent indicated herein-above. 14 The appellant is reported to be in jail. He be released forthwith if not required in any other case and if not required to be detained in default of the fine amount. 15 Record of the trial Court along with a copy of this judgment be sent back forthwith for compliance and necessary action, if any. A copy of the judgment may also be sent to the concerned Jail Superintendent wherein the appellant is suffering the jail sentence. Sd/- (Sanjay Kumar Jaiswal) JUDGE Sourabh P.