Sudhir Singh @ Bablu vs State Of Chhattisgarh
2021 Latest Caselaw 2263 Chatt

                                                                    NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                             CRA No. 146 of 2020

      Sudhir Singh @ Bablu S/o Dashrath Aged About 19 Years R/o
       Village Kasra, Gaovatia Para, Police Station Patna, District
       Koriya Chhattisgarh.

                                                             ---- Appellant

                                     Versus

      State Of Chhattisgarh Through Station House Officer, Police
       Station Baikunthpur District Koriya Chhattisgarh.

                                                          ---- Respondent

For Appellant :Mr. Anil Gulati, Advocate. For State/Respondent :Mr. Ghanshyam Patel, G.A.

Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 10.09.2021

1. This appeal has been preferred against the judgment dated

08.01.2020 passed in Sessions Trial No.39/2018 by the

learned Additional Sessions Judge (FTC), Baikunthpur, Distt.

Korea(C.G.) wherein, the Appellant has been convicted for

the offence punishable under Section 304-II of the IPC and

sentenced to undergo RI for 5 years and to pay fine of Rs.

5,000/- with default stipulation.

2. In this case, name of the deceased is Raimal Singh.

According to the case of prosecution on 26.11.2017 at around

7 AM when the deceased Raimal Singh went to tie his ox near

road side of his house, he did not found khunta there, upon

which he started abusing and filthy language to co-accused

Kaushalya, her son i.e. the present Appellant came running

and assaulted the deceased with the help of Akhain (an agricultural tool) due to which the deceased sustained injuries

on his head, hand, leg and back side of his body. Thereafter,

the deceased was admitted in District Hospital,

Baikunthpur(C.G.), where during course of treatment he died.

Thereafter, the matter was reported. On the basis of said

report, offence has been registered against the Appellant.

After completion of investigation, a charge-sheet was filed

against the Appellant and her mother/co-accused Kaushalya

Bai. Trial Court framed the charges under Section 302 of the

IPC against the Appellant. To robe the Appellant in the crime-

in-question, the prosecution has examined as many as 17

witnesses. In the statement of the Appellant recorded under

Section 313 of Cr.P.C, he has pleaded his innocence and

false implication in the matter, however, no defence witness

was examined by the Appellant.

3. After completion of trial, Trial Court acquitted the co-accused

and also acquitted the Appellant from the charges punishable

under Section 302 of the IPC. However, convicted and

sentenced the Appellant as mentioned in Para 01 of this

judgment. Hence, this appeal.

4. Learned Counsel appearing for the Appellant submits that the

deceased himself used filthy language with the Appellant and

co-accused due to which, the incident has taken place. He

further submits that the Appellant is in jail since 29.11.2017.

He has completed nearly about 4 years in jail. He has no

criminal antecedent and has facing the lis since 2017.

Therefore, it is prayed that the jail sentence awarded to him may be reduced to the period already undergone by him or

his sentence may be reduced from 5 years to 4 years.

5. On the contrary, learned State Counsel opposed the appeal

and supported the impugned judgment.

6. I have heard learned counsel appearing on behalf of the

parties and perused the record minutely.

7. Considering the above facts and circumstances of the case,

particularly considering the fact that due to sudden rage of

anger, the incident has taken place. The Appellant is a

villager, he has no criminal antecedent and he is facing the lis

since 2017. I am of the view that the ends of justice would be

met if, while upholding the conviction imposed upon the

Appellant, the jail sentence awarded to him is reduced from

the period 5 years to 4 years.

8. Consequently, the appeal is partly allowed. The conviction of

the Appellant under Section 304-II of the IPC is affirmed and

against the conviction, he is sentenced to the period from 5

years to 4 years. The fine sentence for the above offence is

also affirmed.

9. Records of the Court below be sent back along with a copy of

this order forthwith for information and necessary compliance.

Sd/-

(Arvind Singh Chandel) Judge Shubham