Chattisgarh High Court
Ganesh Das Manikpuri vs State Of Chhattisgarh on 24 February, 2025
1
Digitally
signed by
SOURABH
2025:CGHC:9424
SOURABH PATEL
NAFR
PATEL Date:
2025.02.25
18:14:02
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 365 of 2007
• Naresh Kumar S/o Tanke Chauhan, Aged about 30 years, R/o
Banirao Para, Raigarh, District and Police Station Raigarh.
--- Appellant
versus
• State Of Chhattisgarh Through-Police Station Baloda, District-
Janjgir-Champa (C.G.).
--- Respondent
• Ganesh Das Manikpuri S/o Samaru Das, Aged about 22 years, R/o
Village-Baloda (Bazar Para), P.S. Baloda, District-Janjgir Champa,
(C.G.).
---Appellant
Versus
• State Of Chhattisgarh Through- P.S. Balouda, District-Janjgir-
Champa (C.G.).
--- Respondent
• Krishna Kumar S/o Shri Vishram Bharati, Aged about 25 years, R/o
Bhaistara Village, P.S. Baloda, District- Janjgir Champa (C.G.).
---Appellant
Versus
• State Of Chhattisgarh Through:- P.S. Baloda, District- Janjgir
Champa (C.G.).
--- Respondent
For Appellants : Mr. Neeraj Mehta, Advocate in CRA No.
365 and 371/2007.
Mr. Bharat Rajput, Advocate in CRA No.
499/2008.
For Respondent/State : Mr. H.A.P.S. Bhatia, P.L.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
24/02/2025
1 Since all the appeals have arisen out of the common impugned
judgment dated 12.04.2007 passed by the learned Additional
Session Judge, Janjgir-Champa (C.G.), in Session Trial No.
133/2006, they have been clubbed together, heard together and are
being decided by this common judgment.
2 The appellants namely Naresh Kumar in CRA No. 365/2007,
Ganesh Das Manikpuri in CRA No. 371/2007 and Krishna Kumar
in CRA No. 499/2008; have preferred these three appeals under
Section 374(2) of the CrPC, calling in question the validity, legality
and correctness of the impugned judgment dated 12.04.2007,
whereby they have been convicted and Sentenced as under:-
Conviction Sentence
R.I. for 07 years with fine of Rs.
U/s 489-A of the IPC 5000/-, in default of payment of fine
amount additional R.I. for 01 year.
R.I. for 07 years with fine of Rs.
U/s 489-B of the IPC 5000/-, in default of payment of fine
amount additional R.I. for 01 year.
R.I. for 07 years with fine of Rs.
5000/-, in default of payment of fine
U/s 489-C of the IPC
amount additional R.I. for 01 year.
(To each of the appellants).
(All the sentences were directed to run concurrently)
3 The case of the prosecution is that on the date of the incident i.e.,
14.02.2006 at about 12:05 am, the co-accused Krishna Kumar &
Rajendra Kumar were going towards Baloda from Bilaspur by
auto-rickshaw at that time the police party was also on patrolling
and the accused persons stopped by the police party and after
inquiry search was made then, some fake currency notes and one
adopter, lead wire, mouse, mobile etc. were found in their
possession. Based on the memorandum of the co-accused Krishna
Kumar, the present appellants namely Naresh Kumar and Ganesh
Das were made an accused in this case. Thereafter, a case has been
registered against the present appellants at Police Station under
Section 489-A, 489-B, 489-C and 489-D of IPC.
4 During the course of trial, in order to bring home the offence, the
prosecution has examined as many as 18 witnesses and exhibited
30 documents. The statement of the appellants were recorded under
Section 313 of the Cr.P.C. in which they denied the circumstances
appearing against them and pleaded innocence and false
implication in the case and have examined 03 witnesses in their
defence.
5 After hearing the parties, vide impugned judgment of conviction
and order of sentence dated 12.04.2007, learned trial Court has
acquitted the appellants for the offence punishable under Section
489-D of IPC and convicted and sentenced the appellants for the
offence as mentioned in para-1 of this judgment. Hence, the
present appeals.
6 Learned counsel appearing on behalf of the appellants submit that
they are not pressing the appeals so far as it relates to the
conviction part of the judgment and would confine their argument
to the sentence part thereof only. According to them, the incident is
said to have taken place in the year 2006, and thereby more than 18
years have rolled by since then. At present, the appellants namely
Krishna Kumar (A-1) is aged about more than 43 years, Naresh
Kumar (A-2) is aged about more than 48 years and Ganesh Das
Manikpuri (A-3) is aged about more than 40 years and the
appellants namely Naresh Kumar (A-2) and Ganesh Das Manikpuri
(A-3) have already remained in jail for about 03 years 02 months
and Krishna Kumar (A-1) has remained in jail for about 03 years 04
months and no useful purpose would be served in again sending
them to jail, therefore, in the interest of justice, it would be
appropriate if the sentence imposed upon them may be reduced to
the period already undergone by them.
7 Per contra, learned counsel appearing for the State, supporting the
impugned judgment, opposed the arguments advanced on behalf of
the counsel for appellants.
8 Heard learned counsel for the parties and perused the material on
record including the impugned judgment.
9 Having gone through the material available on record and the
evidence of the witnesses Ganga Singh Dhru (PW-4), Suryakant
Shukla (PW-12), J.T. Nanda (PW-14), Kheekh Das (PW-15),
Sadhna Singh (PW-17), establish the involvement of the appellants
in the crime in question. This Court does not see any illegality in
the findings recorded by the Trial Court as regards conviction of
the appellants for the offence punishable under Sections 489-A,
489-B and 489-C of IPC.
10 As regards sentence, keeping in view the facts and circumstances
of the case and also considering the fact that the incident had taken
place on 14.02.2006 about more than 18 years ago and the
appellants namely Naresh Kumar (A-2) and Ganesh Das Manikpuri
(A-3) have already remained in jail for about 03 years 02 months
and Krishna Kumar (A-1) for about 03 years 04 months, this court
is of the opinion that the ends of justice would be served if they are
sentenced to the period already undergone by them.
11 In view of the above consideration, I do not feel it appropriate to
send back the appellant to jail. Hence, the appellant is sentenced to
the period already undergone by them instead of suffering rigorous
imprisonment for 07-07 years for the offence punishable under
Sections 489-A, 489-B and 489-C of IPC. However, the fine
amount imposed upon the appellants by the trial Court shall remain
intact.
12 The learned trial Court at para 36 of his judgment has recorded that
the currency notes of Rs. 3,21,000/- were seized from the house of
accused Naresh Chauhan and in this regard the defence witnesses
Nityanand Patel (DW-2) and Niti Chauhan (DW-3) have narrated
that the said amount was received in lieu of land transaction and in
fact, the currency notes belonged to the family of accused Naresh
Chauhan, therefore, when the appeal was not filed within the
stipulated time, thereafter the currency notes should be refunded to
the father of accused Naresh Chauhan. Since the appellant-Naresh
Kumar's father has died, as stated by learned counsel for the
appellant, therefore, the said amount would be given to the
appellant Naresh Kumar.
13 Consequently, the appeals are allowed in part to the extent
indicated above.
14 Appellants are on bail. Their bail bonds shall continue for a further
period of 6 months as per requirement of Section 437-A of the
Cr.P.C.
15 Record of the trial Court be sent back along with a copy of this
judgment forthwith for information and necessary action, if any.
Sd/-
(Sanjay Kumar Jaiswal)
JUDGE
Sourabh P.
