Chattisgarh High Court
Hemant Das vs State Of Chhattisgarh on 19 June, 2024
1
CRR No. 189 of 2012
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 189 of 2012
Hemant Das S/o Govind Das, aged about 19 years, R/o. Kankeva, P.S.
Saraipali, District- Mahasamund (C.G.)
----Applicant
Versus
The State of Chhattisgarh, Through, P.S. Saraipali, District- Mahasamund
(C.G.)
----Respondent
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For Applicant Shri Raghvendra Pradhan and Shri Vikram Pratap, Advocates.
For State Shri Amandeep Singh, Panel Lawyer.
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Hon'ble Shri Justice Radhakishan Agrawal
Order on Board
19/06/2024
1. The present revision filed under Section 397 read with 401 of Cr.P.C. is
directed against the judgment of conviction and order of sentence dated
28/02/2012 passed in Criminal Appeal No. 91/2010 by the learned Second
Additional Sessions Judge, Mahasamund (C.G.), whereby the appellate
Court has upheld the conviction and sentence of the applicant under Section
325 of IPC and sentence him to undergo one year R.I. and fine of Rs.500/-,
in default of payment of fine additional RI for fifteen days.
2. Case of the prosecution, in brief, is that on 29/08/2009 at about 11.00 p.m.
victim asked the applicant as to why he has not brought his son from Raipur.
Hearing this, the applicant, out of anger, assaulted the complainant
Haricharan by stick (Lathi) as a result of which, victim suffered injuries on his
left hand wrist, shoulder and waist. On the information of the Haricharan,
Police registered the case in Rojnamcha Sanha and thereafter FIR Ex.P/3
was lodged against the applicant on next day of the incident. During
investigation, club was seized form the possession of the applicant vide
Ex.P/5 and the statements of the witnesses are recorded.
3. After completion of investigation, charge sheet under Section 325 of IPC was
filed against the applicant before the JMFC, Saraipali. The applicant abjured
the charge and pleaded not guilty.
4. Learned JMFC, Saraipli, after appreciation of oral and documentary
evidence, convicted and sentenced the applicant as mentioned in para 1 of
this order. The said judgment was challenged by the applicant in criminal
appeal, however, the appellate Court vide judgment dated 28/02/2012
upheld the conviction and sentence of the applicant as mentioned above.
Hence, this revision.
5. Learned counsel appearing for the applicant submits that the learned
appellate Court as well as trial Court were not justified in convicting and
sentencing the applicant for the offence under Section 325 of IPC, as the
prosecution has failed to prove the offence. He further submits that incident
is of the year 2009, he has no criminal antecedent and he is facing lis since
2009 i.e. almost 15 years. He also submits that the applicant remained in jail
for ten days i.e. from 28/02/2012 to 08/03/2012. Therefore, he prayed the
sentence awarded to the applicant may be reduced to the period already
undergone by him. Lastly, he submits that fine amount has already been
deposited with the concerned Court.
6. On the contrary, learned State counsel opposed the revision and supported
the impugned judgment and stated that the injured witness namely PW-1
Haricharan and PW-2 Shyamlal have fully supported the case and their
evidence also find corroboration with medical evidence.
7. I have heard learned counsel appearing on behalf of the parties and perused
the record minutely.
8. The trial Court as well as the appellate Court, after considering the
statements of PW-1 Haricharan, PW-2 Shyamlal, PW-4 Gokul Pradhan,
Head Constable and PW-5 Subhash Pawar, Assistant Sub Inspector
coupled with the medical evidence of PW-3 Dr. A.K. Koshariya in the form of
MLC Report and X-ray Report Ex.P/1, have come to the conclusion that it is
the applicant, who on the date of incident, assaulted the victim PW-1
Haricharan with club and caused grievous injuries to him. The said finding of
the trial Court as well as appellate Court is a finding of fact, based on the
evidence available on record and the same is neither perverse nor contrary
to the record and I hereby affirm the conviction of the applicant for the
offence under Section 325 of IPC.
9. As regard the sentence part, considering the facts and circumstances of the
case, particularly considering the fact that the applicant is facing lis since
2009, there is no criminal antecedent against him and that applicant
remained in jail for ten days i.e. from 28/02/2012 to 08/03/2012, I am of the
view that the ends of justice would be served if, while upholding the
conviction imposed upon the applicant, the jail sentence awarded to him is
reduced to the period already undergone by him.
10. Consequently, the revision is partly allowed. The conviction of the applicant
under the aforementioned Section is affirmed, however, the applicant is
sentenced to the period already undergone by him, i.e. 10 days RI for
offence punishable under Section 325 of IPC. However, the fine sentence is
affirmed.
11. Since the applicant is reported to be on bail, therefore, his bail bond shall
remain in force for a period of six months from today in view of provision of
Section 437-A of Cr.P.C.
12. Records of the Court below be sent back along with a copy of this order
forthwith for information and necessary compliance.
Sd/-
(Radhakishan Agrawal)
Judge
Kamde
