1 2026:CGHC:7077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1651 of 2019 1 - Nastik Dewar S/o Shri Kolta Dewar Aged About 30 Years 2 - Dilwala @ Banda Dewar S/o Shri Kolta Dewar Aged About 25 Years 3 - Kaliram Dewar S/o Shri Ghasiram Dewar Aged About 23 Years 4 - Bhokalu Dewar S/o Shri Fagu Dewar Aged About 24 Years 5 - Gainda Dewar S/o Shri Sahdev Dewar Aged About 20 Years 6 - Ajeet Dewar S/o Shri Kolta Dewar Aged About 20 Years 7 - Bhaira Dewar S/o Shri Ghasiram Dewar Aged About 30 Years 8 - Bihari Dewar S/o Shri Kolta Dewar Aged About 22 Years 9 - Sadhu Dewar S/o Shri Ghasiram Dewar Aged About 40 Years 10 - Kushal Das S/o Shri Tiharu Das Aged About 22 Years 11 - Dindayal @ Deendayal S/o Shri Kolta Dewar Aged About 37 Years 12 - Kolta Dewar S/o Shri Tikra Dewar Aged About 55 Years All are R/o Ward No.11 Dabrapara Bagbahra, Thana – Bagbahra, Distt.- Mahasamund (C.G.) ... Appellants versus State of Chhattisgarh Through The District Magistrate Mahasamund, District Mahasamund, Chhattisgarh ... Respondent ___________________________________________________________ For Appellants : Mr. Sunil Sahu, Advocate For State/Respondent : Dr. Surendra Kumar Dewangan, Panel Lawyer ___________________________________________________________ ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA 2 Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board 09/02/2026 1. This appeal has been preferred by the appellants/accused being aggrieved with the judgment of conviction and order of sentence dated 07/11/2019 passed by the Sessions Judge, Mahasamund, District Mahasamund, C.G. in S.T. No.57/2017, whereby the trial Court has convicted and sentenced the appellants as under : Conviction Sentence Under Section 147 of Indian Penal Code RI for 06 Months Under Section 323 read with Section 149 of Indian Penal Code (for causing injury to Sushil Dewar) RI for 06 Months Under Section 323 read with Section 149 of Indian Penal Code (for causing injury to Punaram Dewar) RI for 06 Months Under Section 323 read with Section 149 of Indian Penal Code (for causing injury to Abbu Dewar) RI for 06 Months 2. The prosecution story in brief is that on 24-08-2016 at 10:00 am, outside the premises of Bagbahara Railway Station under the jurisdiction of Police Station Bagbahara, the complainant Sushil Dewar along with his family members Poonamram, Abbu, Sushil, 3 Jaikumar, Tarzan (Koto), Khilanga and Sanju were loading their pigs in the cart, at the same time the accused Deen Dewar, Nastik, Bihari, Ajit, Hathi, Kushal, Bhaira, Sadhu, Genda, Bully, Narayan, Bhoklu and Kolta came there together and started abusing him by saying, "Why are you taking away our pigs?" They surrounded them and started beating them with sticks. Due to which Sushil got injured in his left hand and head, Poonamram in his back, Jaikumar in his left hand and right leg, Abbu in his head and Sonia in her left cheek. A report of this incident was lodged by the complainant Sushil at Bagbahara police station on 24-08-2016, on the basis of which a crime No. 167/2016 was registered against the accused. 3. The prosecution's further case is that all the injured were given medical treatment, the investigating officer himself and through the Patwari got a map of the spot prepared, sticks, rods etc. used in the incident were seized, blood stained clothes were seized, the seized property was examined by FSL, all the accused were arrested, after completing the proceedings with all the witnesses, a charge sheet was filed against all the 12 accused under sections 147, 148, 294, 506, 323, 307/149 of the Indian Penal Code in the Court of Judicial Magistrate First Class, Mahasamund (Chhattisgarh), from where the case was committed for trial. 4 4. The accused have denied the charges against them and stated in their defence that they are innocent and have been falsely implicated. No evidence has been presented in their defence 5. In order to prove the guilt the prosecution has examined as many as 24 witnesses and exhibited 32 documents. The learned trial Court after appreciating the evidence and documents available on record convicted and sentenced the present appellants as mentioned in para 1 of this judgment. Hence this appeal. 6. Learned counsel appearing for the appellants submits that he is not pressing this appeal on merits and confining the arguments to the quantum of sentence only. He would next contend that the sentence awarded to the appellants is R.I. for 06 months and out of that the appellants Nastik Devar, Dilwala Devar, Kaliram Devar, Bhoklu Devar, Gainda Devar have suffered 15 days of jail sentence during trial and Appellants Ajit Devar, Bhaira Devar, Bihari Devar, Sadhu Devar, Kushal Das, Deendayal have suffered jail sentence of 21 days during trial and Appellant Kolta Devar has suffered jail sentence of one day thereafter they were in jail from the date of judgment i.e. on 07/11/2019 and subsequently were granted bail by this Court on 21/11/2019. He would next contend that since the incident is of the year 2016 and near about 5 10 years have elapsed, therefore, it is prayed that the sentence awarded to appellants be reduced to the period already undergone by them. 7. On the other hand, learned State Counsel opposing the prayer of learned counsel for appellants, would submit that the trial Court has rightly convicted and sentenced the appellants and therefore, the impugned judgment does not call for any interference. 8. I have heard learned counsel for the parties and perused the record of the trial Court including the impugned judgment with utmost circumspection. 9. Perusal of the statements of of PW-1 Rekhabai, PW-2 Sushil Markam, PW-3 Buggi Bai, PW-4 Tarjan @ Koto, PW-5 Punaram, PW-6 Abbu, PW-7 Jaykumar, PW-8 Soniyabai and PW-9 Sanju @ Dhaniram, who are the injured and eye-witnesses of the incident would show that they have consistently deposed that the appellants formed an unlawful assembly and, in prosecution of their common object, assaulted the injured persons by means of lathi, danda and iron rod. Their presence at the place of occurrence is natural; their version is consistent on material particulars; and nothing substantial has been elicited in cross-examination to discredit their testimony. 6 10. The prompt First Information Report lodged by PW-2 Sushil Markam is proved by Ex.P-16, which lends assurance to the prosecution case. The place of occurrence stands established by the spot map Ex.P-04. The seizure of bamboo stick and iron rod at the instance of the accused persons is proved by Ex.P-01 and Ex.P-02. The seizure of blood-stained clothes and other articles and their deposit in the Forensic Science Laboratory are duly proved by Ex.P-14 and Ex.P- 15. The arrest of the accused persons is established by arrest memos Ex.P-26, Ex.P-27 and Ex.P-28, and the merg/intimation and related documents have also been brought on record as part of the prosecution exhibits. 11. The medical evidence fully corroborates the ocular version. The injuries sustained by the injured persons were examined by Dr. Yogendra Chandrakar (PW-22) and Dr. L.S. Prasad (PW-20). The injury reports Ex.P-22, Ex.P-23 and Ex.P-24, along with subsequent opinion Ex.P-25, establish that the injuries were simple in nature and caused by hard and blunt object, consistent with the weapons alleged and seized. 12. The entire investigation, including preparation of spot map, seizure proceedings, arrest of accused persons, recording of statements and filing of charge-sheet, has been duly proved by ASI Shobharam 7 Bervanshi (PW-24), whose testimony substantiates the procedural aspects of the prosecution case. 13. Thus, the ocular testimony of PW-1 to PW-9 stands firmly corroborated by the medical evidence (Ex.P-22 to Ex.P-25), the FIR (Ex.P-16), the spot map (Ex.P-04), the seizure memos (Ex.P-01, Ex.P-02, Ex.P-14 and Ex.P-15), and the arrest memos (Ex.P-26 to Ex.P-28). The chain of evidence is complete and consistent. Accordingly, the conviction of the appellants under the aforesaid offences i.e. under Section 147 and Section 323 read with Section 149 (Three Counts) of Indian Penal Code is maintained. 14. As regards the quantum of sentence, considering the nature of the incident, the absence of intention or knowledge to cause death, the fact that the appellants are first offenders having no previous criminal antecedents, that the occurrence was sudden, and further keeping in view that more than nine years have elapsed since the date of occurrence as the incident was of the year 2016 and further taking into account that the appellants have already remained in custody for about one month, this Court is of the view that the ends of justice would be met if the sentences imposed upon the appellants for all the aforesaid offences, namely Sections 147 and Section 323 read with Section 149 (Three counts) of Indian Penal Code, are confined to the 8 period already undergone by them. It is ordered accordingly. 15. Consequently, this appeal stands allowed in part to the extent indicated herein-above. 16. Appellants are on bail. Their bail bonds shall remain operative for a period of 06 months in view of Section 437A of CrPC (now Section 481 of Bhartiya Nagrik Suraksha Sanhita, 2023). 17. The lower court record along with a copy of this judgment be sent back immediately to the trial court concerned for compliance and necessary action. SD/- (Arvind Kumar Verma) Judge ashu