1 - Sai Rao Son of Shrinivas Rao Aged About 28 Years Resident Of v. 1 - State Of Chhattisgarh Through - Station House Officer, Police Station Telibandha, District
Case Details
1 2025:CGHC:9258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 428 of 2024 1 - Sai Rao Son of Shrinivas Rao Aged About 28 Years Resident Of Maulipara, Infront of Sai Mandir, P.S. - Telibandha, District - Raipur, Chhattisgarh. --- Appellant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station Telibandha, District - Raipur, Chhattisgarh. --- Respondent CRA No. 318 of 2024 1 - Dayaram Yadav @ Golu S/o Rahul Yadav Aged About 29 Years R/o Maulipara, Near Sweta Ata Chakki, Police Station Telibandha, Raipur, District : Raipur, Chhattisgarh ---Appellant Versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Telibandha Raipur, District : Raipur, Chhattisgarh --- Respondent For Appellant(s)
Legal Reasoning
: Shri Mukesh Shrivastava, Advocate. For State : Shri Neeraj Sharma, Dy. Advocate General. Hon’ble Shri Justice Arvind Kumar Verma Judgment on Board NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.03.26 10:39:28 +0530 21/02/2025 2 1. As the aforesaid two Criminal Appeals arise out of the same judgment dated 25/01/2024 passed by the Additional Sessions Judge, Raipur (C.G.) in Sessions Trial No.129/2023 convicting the accused/appellants as described below, they are disposed of by this common judgment :- Accused Sai Rao Conviction U/s Sentence 307/34 of IPC RI for 7 years with fine of Rs.1000/- plus default stipulation. Dayaram Yadav @ 307/34 of IPC RI for 7 years with Golu fine of Rs.1000/- plus default stipulation. 2. As per the case of prosecution, on 08.03.2023, Reshma Kaur (PW-2) took her brother injured Vijay Singh Randhawa (PW-1) to police station Telibandha and as injured Vijay Singh Randhawa was seriously injured and suffering from pain, Reshma Kaur (PW-2) lodged First Information Report (Exhibit P-1) at Police Station Telibandha, Raipur to the effect that on 08.03.2023 at about 2.00 p.m., she was playing Holi near Maulipara Sai Temple and her brother Vijay Singh Randhawa (PW-1) was also playing Holi with her, during the same time Vijay Singh Randhawa (PW-1) getting pushed, accused/appellants Dayaram alias Golu Yadav and Sai Rao started abusing and slapping her brother Vijay Singh Randhawa and during the same time, accused Dayaram alias Golu with the intention of killing Vijay Singh Randhawa. (PW-1) in the stomach with a sharp weapon, after which she brought her 3 brother Vijay Singh Randhawa (PW-1). The above incident was witnessed by people playing Holi. Accused Dayaram alias Golu Yadav followed her to her house and threatened to kill her if she reported the matter to the police by showing a sharp weapon. The incident of coming to the house and threatening was witnessed by his father Palwinder Singh Randhawa and mother Santoshi Randhawa. In the said incident, his brother Vijay Singh Randhawa (PW-1) was injured on the left side of his stomach and was in a lot of pain and was not in a position to talk. On the basis of the above complaint, a case was registered against the accused in Police Station-Telibandha. First Information Report (Exhibit P-2) was registered under Section 307, 506 B, 34 IPC under FIR No.162/2023. On the same date, injured Vijay Singh Randhawa was sent to District Hospital, Pandri, Raipur for treatment and treatment report (Exhibit P-16) was obtained. 3. After completion of trial, the trial Court convicted and sentenced the appellants as mentioned above. Hence these appeals. 4. Counsel for the appellants contended that trial Court has acquitted the accused/appellants under Section 506 of IPC but failed to appreciate that attempting to murder of the victim has not been proved by the prosecution. He further contended that he has not argued on merits but he has only argued on sentence part to reduce the sentence period from seven years to five years. 5. On the other hand, counsel for the State argued that the conviction and sentences of the appellants are based on 4 clinching evidence. The conviction and sentences of the appellants do not call for any interference by this Court. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Injured Vijay Singh Randhawa (PW-1) deposed that at the time of incident appellants assaulted with knife on his stomach, Reshma Kaur (PW-2) deposed that at the time of incident the appellants assaulted her brother Vijay Singh Randhawa (PW-1) in the stomach with a sharp weapon. All these witnesses have been subjected to searching cross examination, but nothing could be elicited in favour of the defence. 8. Dr. Suchivrat Pandey (PW-6), who examined injured Vijay Singh Randhawa and found injuries stab wound (penetrated injury) of 3 cm long and 1 cm wide was found on the left side of the injured stomach, from which some part of the small intestine had come out. Injured's vest and shirt being cut with a knife is also present on record. Apart from this, on being referred on the same date, the injured was admitted to Mekahara Hospital and there Dr. S.L. Nirala (PW-10) and his team operated on the injured Vijay Singh Randhawa on 08.03.2023 itself and cleaned the part of the intestinal membrane that had come out and repaired it. The injured was under the supervision of doctors at Mekahara Hospital till 14.03.2023 for treatment. The injured Vijay Singh Randhawa has stated that a total of 18 stitches were put on his stomach and the said statement is also supported by the evidence of Dr. S.L. Nirala. 5 9. As per the version of this witness, the seized knife was made of sharp iron and if attacked with it, it can cause serious injury and even death. 10. Heard on the point of sentence, learned counsel for the appellants contended that the custody period of appellant Sai Rao from 09.03.2023 to 23.08.2023 and thereafter the judgment dated 25.01.2024 to till date he is in custody. Custody period of appellant Dayaram Yadav @ Golu from 09.03.2023 to 25.01.2024 and thereafter the judgment dated 25.01.2024 to till date is in custody. 11. On the day of Holi festival victim was playing Holi with the boys of the locality near Moulipara Sai Mandir, the accused were also playing Holi there and the dispute among themselves accused Sai Rao started abusing to victim with the intention of killing and accused Dayaram alias Golu Yadav stabbed victim in the stomach with a knife. Due to the knife attack stomach got injured and started bleeding. A knief attack was committed by Dayaram alias Golu in which Sai Rao was also involved. 12. Therefore, looking to the conduct of the appellants and nature of injuries caused to the victim, in my considered view, the trial Court has rightly convicted the appellants for the aforesaid offence i.e. under Section 307/34 of IPC. I do not fined any infirmity in the judgment of the trial Court. Thus, conviction of appellants under Section 307/34 of IPC is affirmed. 13. As regards the quantum of sentence, considering the fact that the appellants are the first offender and there is no previous 6 antecedents to the credit of the present appellants and the custody period of appellant Sai Rao from 09.03.2023 to 23.08.2023 and thereafter the judgment dated 25.01.2024 to till date he is in custody. Custody period of appellant Dayaram Yadav @ Golu from 09.03.2023 to 25.01.2024 and thereafter the judgment dated 25.01.2024 to till date is in custody. This Court is of the opinion that sentence imposed by the trial Court upon the appellants (RI for 7 years) appears to be on higher side. So keeping in view all the circumstances, mentioned above, ends of justice will be served if the sentence imposed upon appellants are reduced from RI for 7 years to RI for 5 years.
Decision
14. In the result, appeal is allowed in part. While maintaining the conviction of appellants under Section 307/34 of IPC, the sentence imposed upon him by the trial Court under the aforesaid Section is reduced from RI for 7 years to RI for 05 years. However, sentence of fine imposed by the trial court is hereby maintained. Kamde Sd/- (Arvind Kumar Verma) JUDGE