Chattisgarh High Court
Mana Singh vs State Of Chhattisgarh on 5 February, 2025
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 206 of 2016
• Mana Singh, S/o Khelan Singh, aged about 42 Years, R/o Village
Sodhar, Police Station Jarhagaon, District Mungeli, Chhattisgarh.
...Applicant
Digitally signed versus
by AKHILESH
BEOHAR
Date:
2025.02.05
• State of Chhattisgarh, the Station House Officer, Police Station
15:31:19 +0530
Mungeli, District Mungeli, Chhattisgarh.
... Non-applicant
For Applicant : Ms. Pranoti Das, Advocate on behalf of Mr.
Gautam Khetrapal, Advocate.
For Non-applicant/State : Mr. R.N. Pusty, Government Advocate.
Hon'ble Shri Justice Radhakishan Agrawal
Order on Board
05/02/2025
1.
The present revision filed under Section 397/401 Cr.P.C. is directed
against the judgment of conviction and order of sentence dated
29.02.2016 passed by the learned Additional Judge to the Court of
Additional Sessions Judge, Mungeli, C.G. in Criminal Appeal No.
51/2014, whereby the applicant has been convicted & sentenced as
under:-
Conviction Sentence
Under Section 341 of Indian Fine of Rs.500/-
Penal Code (for short 'IPC')
Under Section 325 of IPC Rigorous Imprisonment for three
months and fine of Rs.5,000/-, in
default of payment of fine amount
to undergo additional rigorous
imprisonment for one month
2. Case of the prosecution, in brief, is that on 25.08.2017,
complainant/PW-1 Bhagwat Singh lodged an FIR (Ex.P-6) alleging
therein that due to trivial issue, his wife-Sonbai left the house and was
going to her maternal home. Thereafter, he followed her on his bicycle
and found that she was talking with the applicant, then he went there
and tried to stop the applicant to talk with his wife, due to which,
quarrel took place between them and in that event, present applicant
started abusing the complainant-Bhagwat filthily and committed
marpeet with him by hands and fists, as a result of which,
complainant-Bhagwat sustained grievous injury over his head. On
report being lodged to the above effect, offence under the aforesaid
Sections have been registered against the applicant.
3. After completion of investigation, charge sheet under Sections 294,
341, 506 Part-II & 325 of IPC were filed before Judicial Magistrate
First Class, Mungeli, (C.G.). The applicant abjured the charges and
pleaded non-guilty.
4. The Court of JMFC, after appreciation of oral and documentary
evidence, convicted the present applicant for the offence under
Section 341, 294, 506 Part-II and 325 of IPC and sentenced him to
undergo simple imprisonment for one month for the offence under
Section 341 of IPC; rigorous imprisonment for three months for the
offence under Section 294 of IPC; rigorous imprisonment for six
months for the offence under Section 506-Part II of IPC and rigorous
imprisonment for one year and fine of Rs.500/- for the offence under
Section 325 of IPC. The said judgment was challenged by the
applicant in criminal appeal, however, the Appellate Court vide
judgment dated 29.02.2016, acquitted the present applicant for the
offence under Sections 294 & 506 Part II of IPC, but convicted and
sentenced him as mentioned in para 1 of this order. Hence, this
revision.
5. Learned counsel for the applicant submits that he does not want to
challenge the conviction part of the applicant, but confines his
argument to the sentence part only, which according to him, is on
higher side. He further submits that the applicant has remained in jail
for 5 days i.e. from 29.02.2016 to 04.03.2016, he has no criminal
antecedents and he is facing the lis since August, 2007, i.e. for more
than 17 years. He also submits that the fine amount has already been
deposited by the applicant with the concerned trial Court. Therefore,
the jail sentence awarded to the applicant may be reduced to the
period already undergone by him.
6. On the contrary, learned State Counsel opposed the revision and
supported the impugned judgment.
7. I have heard learned counsel appearing on behalf of the parties and
perused the record.
8. Considering the statements of PW-1 Bhagwat Singh, injured; PW-2
Topsingh; PW-4 S.L. Singh Dhruva coupled with the statements of
PW-3 Dr. Amit Lal, who proved the MLC report (Ex.P-4) & PW-5 Anil
Pratap Singh Anil, who proved the X-ray report (Ex.P-9) and the other
evidence on record, this Court is of the opinion that the finding
recorded by the learned trial Court as well as the Appellate Court
being based on the evidence available on record is a correct finding
and I hereby affirm the said finding of conviction of applicant.
9. As regards the sentence part, considering the facts and circumstances
of the case and also considering the fact that the applicant has
undergone 05 days, he is facing the lis since August, 2007 i.e. for
more than 17 years 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.
10. Consequently, the revision is partly allowed. While maintaining
conviction of the applicant under Sections 341 & 325 of IPC, the
sentence imposed thereunder by the Appellate Court is hereby modified
and he is sentenced to the period already undergone by him. The fine
sentence is affirmed.
11. It is reported that the applicant is on bail. His bail bonds are not
discharged at this stage and the same shall remain operative for a
further period of six months in light of Section 437-A of the Cr.P.C.
Sd/-
(Radhakishan Agrawal)
Judge
Akhilesh
