Sahdev vs State Of Chhattisgarh
2022 Latest Caselaw 2427 Chatt

                                                                      NAFR


             HIGH COURT OF CHHATTISGARH, BILASPUR
                            CRR No. 557 of 2010

      Sahdev S/o Late Ramlal, aged about 23 years, R/o Village
       Bichhiya, P.S. Basna, District Mahasamund (C.G.)

                                                              ---- Applicant

                                    Versus

      State Of Chhattisgarh, Through Station House Officer, Arakshi
       Kendra, Basna, District-Mahasamund, Chhattisgarh.

                                                           ---- Respondent

For Applicant : Mr. Bharat Rajput, Advocate. For State/Respondent : Mr. Devesh Chand Verma, Government Advocate.

Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board

12.04.2022

1. This revision has been preferred by the applicant against the

judgment dated 21.10.2010 passed by learned 1st Additional

Sessions Judge, Mahasamund (C.G.) in Criminal Appeal No.

53/2010, arising out of judgment and conviction dated

23.01.2010, passed by learned Judicial Magistrate First

Class, Saraipali (hereinafter referred to as 'JMFC'), District

Mahasamund (C.G.) in Criminal Case No. 666/2008.

2. According to the case of prosecution, on 26.10.2008, at about

8:30 AM, when Smt. Narsingh Bai was doing housework, at

that time, her friend namely Tapaswani came there and

demanded Datun from her, then she said 'Societywala Ledga

Teli' is not giving rice, at that time one Mahadev reached there

and told Narsingh Bai that why you abusing my brother as 'Societywala Ledga Teli', and assaulted her by stone, due to

that she sustained injuries on her hand. Meanwhile,

Manbodh, brother-in-law of the prosecutrix also reached there

and tried to intervene but, he was also assaulted by the

applicant with stick due to that he also sustained injuries. The

matter was reported by the complainant. On the basis of said

report, offence has been registered against the applicant.

3. After completion of investigation, a charge-sheet has been

filed before the learned JMFC. Learned JMFC vide its

judgment dated 23.01.2010, convicted the applicant/accused

for the offence punishable under Section 325 of the IPC and

sentenced him rigorous imprisonment of 2 years with fine of

Rs. 500/-, with default stipulation. Against the said judgment

of learned JMFC, a criminal appeal has been preferred by the

applicant/accused. Vide impugned judgment dated

21.10.2010, the Appellate Court affirmed the conviction,

however, reduced the jail sentence from 2 years to 1 month

and increased the fine amount from Rs. 500/- to 2000/-.

Hence, this revision.

4. Learned Counsel appearing on behalf of the applicant

submits that he does not want to press this revision on merits

and confines his argument to the sentence part only. He

further submits that the applicant has already undergone

about 10 days in jail. He has no criminal antecedents and he

is facing the lis since 2008 i.e. for about 14 years. Therefore,

it is prayed that the jail sentence awarded to him may be

reduced to the period already undergone by him.

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

and supported the impugned judgment.

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

parties and perused the record available with utmost

circumspection.

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

particularly considering that the applicant is facing the lis

since 2008 and there is no criminal antecedents against him. I

am of the view that the ends of justice would be met if, while

upholding the conviction imposed upon the applicant, the jail

sentence awarded to him is reduced to the period already

undergone by him and the fine sentence should be enhanced.

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

the applicant under Section 325 of the IPC is affirmed and

against the conviction he is sentenced to the period already

undergone by him. However, the fine sentence for the above

offence is increased from Rs. 2,000/- to 6,000/- which shall be

payable within three months from the date of receipt of this

order. In default of payment of the fine amount, the applicant

shall be liable to further undergo simple imprisonment for

three months.

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