1 2026:CGHC:5403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 42 of 2026 1 - Arjun Ekka S/o Lt. Gregori Ekka, Aged About 25 Years, R/o Village- Kalaru, Out Post Manora Police Station Jashpur, District- Jashpur (C.G.). ... Appellant versus 1 - State Of Chhattisgarh Through Police Station - Jashpur, District- Jashpur (C.G.). ... Respondent For Appellant : Mr. Vikas Shrivastava, Adv. For Respondent/State : Mr. K.K. Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 31/01/2026 1 Heard on admission. 2 Admit. 3 The present appeal has been filed under Section 415(2) of BNSS against judgment of conviction and order of sentence dated 30.10.2025 passed by the learned Additional Sessions Judge, Jashpur, District – Jashpur (C.G.), in Sessions Case No. 18/2022 whereby the learned Judge has convicted and sentenced the appellant as under:- Conviction Sentence SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.01.31 16:40:26 +0530 2 U/s 458 of IPC Rigorous imprisonment for 3 years with fine of Rs. 500/-, in default of payment of fine amount additional S.I. for 1 month. U/s 307 of IPC Rigorous imprisonment for 05 years with fine of Rs. 500/-, in default of payment of fine amount additional S.I. for 1 month. U/s 324 of IPC Rigorous imprisonment for 03 years. (Both the sentences were directed to run concurrently). 4 The prosecution's case, in brief, is that on 26.12.2021, the complainant, Ananius Tirkey, lodged an oral report at the Jashpur police station stating that when he woke up in the morning, Smel Ekka and Robat Kujur informed him that the accused, Arjun Ekka, had attacked Maksima Tigga with the sharp edge of a tangi, causing head injuries. Maksima Tigga lived alone, her son and daughter residing in Delhi. Upon receiving the information, the complainant went to Jashpur Hospital, where Maksima Tigga, told him that the accused, Arjun Ekka, had visited her house about 10:00 p.m. the previous night, consumed hadia, and attacked her with a tangi while intoxicated, causing severe injuries to the back, front, and left side of her head. She had managed to escape the house of Smel, where she fainted. On the basis of the complaint, FIR was registered and after completion of the investigation charge sheet was filed against the appellant. Thereafter, charges were framed for the offence punishable under Sections 458, 307 and 324 of IPC. 5 So as to hold the appellant guilty, the prosecution has examined as many as 12 witnesses and exhibited 27 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 3 pleaded innocence and false implication in the case. 6 After hearing the parties, vide impugned judgment of conviction and order of sentence dated 30.10.2025, learned Judge has convicted and sentenced the appellant for the offence as mentioned in para-1 of this judgment. Hence, the present appeal. 7 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 part thereof only. According to him, the incident is said to have taken place in the year 2021, about 04 years ago. The appellant has been in judicial custody from 27.12.2021 to 23.01.2023, 03.07.2023 to 04.08.2025 and since 30.10.2025 till date i.e. 3 years, 05 months 06 days. The appellant is aged about 25 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. 8 Per contra, learned counsel appearing for the State, supporting the impugned judgment, opposed the arguments advanced on behalf of the counsel for appellant. 9 Heard learned counsel for the parties and perused the material available on record including the impugned judgment. 10 Dr. Gayatri Ohdar (PW-06) opined in her statement that the injured Maksima Tigga had lacerated wounds on the head: • Left side: 7 cm x 0.5 cm x 0.5 cm. • Right side: 7 cm x 3 cm x 1 cm. • Back (left side): 4 cm x 0.5 cm x 0.5 cm. • Swelling and bruising around the left eye. 4 • X-ray (Ex. P-13) showed no skull or right hand fractures. 11 Having gone through the material available on record and the evidence of the witnesses Dr. Gayatri Ohdar (PW-06), Ananius Tirkey (PW-1), Smel Ekka (PW-2), injured Maksima Tigga (PW-3) and Chandprakash Tripathi (PW-7), 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 458, 307 and 324 of IPC. 12 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 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 5 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.” 13 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 has been in jail from 27.12.2021 to 23.01.2023, from 03.07.2023 to 04.08.2025 and since 30.10.2025 till date, the maximum sentence imposed upon the appellant is 5 years, out of which he has already served the jail sentence of i.e. 3 years, 05 months 06 days, no criminal antecedent of the appellant is recorded in the arrest memo (Ex-P/10), he has studied upto 8th class and works as a agriculturist, 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. 14 Accordingly, the conviction of the appellant under Sections 458, 307 and 324 of IPC is maintained, but his jail sentence is reduced to the period already undergone by him i.e. 3 years, 05 months 06 days. However, the fine amount with default stipulation imposed upon the appellant by the trial Court shall remain intact. 15 Consequently, the appeal is allowed in part to the extent indicated herein-above. 16 The appellant is reported to be in jail. He be released 6 forthwith if not required in any other case and if not required to be detained in default of the fine amount. 17 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) Sourabh P. JUDGE