Police Station Bayanar, District Kondagaon, Chhattisgarh v. State of Chhattisgarh, through Police Station Bayanar, District Ko
Case Details
1 SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.08.28 14:22:52 +0530 2025:CGHC:43049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1034 of 2021 Banshi Poyam S/o Gando Poyam Aged About 27 Years R/o Village Dhansuli, Police Station Bayanar, District Kondagaon, Chhattisgarh ... Appellant versus State of Chhattisgarh, through Police Station Bayanar, District Kondagaon, Chhattisgarh ... Respondent For Appellant :
Legal Reasoning
Mr. Praveen Kumar Tulsyan, Advocate For Respondent/State : Mr. Vivek Sharma, Panel Lawyer Hon'ble Shri Justice Sanjay Kumar Jaiswal 25.08.2025 Judgment on Board 1. This appeal has been preferred by the appellant under Section 374 (2) of CrPC challenging the impugned judgment of conviction and order of sentence dated 10.09.2021 passed by learned Additional Sessions Judge, Kondagaon (C.G.) in Sessions Case No. 54/2019, by which the appellant has been convicted and sentenced as under:- 2 Conviction Sentence & Fine U/s 307 of the IPC RI for 7 years and to pay fine of ₹ 10,000/-; in default of payment of fine, additional RI for 6 months U/s 452 of the IPC RI for 3 years and to pay fine of ₹ 1000/-; in default of payment of fine, additional RI for 2 months U/s 506-B of the IPC RI for 1 year and to pay fine of ₹ 1000/-; in default of payment of fine, additional RI for 2 months The sentences are directed to run concurrently 2. The prosecution's case is that on July 13, 2019, the appellant entered the victim's home and professed love, proposing marriage. Upon her refusal, he allegedly used force, threatened her life, brandished a knife, and assaulted her. The victim's brother, Raghu Netam, witnessed the incident. The appellant fled after the assault, and the victim was hospitalized. Based on her statement, a Dehati Nalisi was lodged, leading to the registration of an FIR (Ex.P-10) against the appellant. During investigation, site maps were prepared, blood-stained soil was seized, and on the basis of the accused’s memorandum, the knife was seized from him. After recording witnesses statement, a charge sheet was filed. 3. During the course of trial, in order to bring home the offence, prosecution examined as many as 12 witnesses in support of its case. The statement of the appellant / accused was recorded under Section 313 of the CrPC in which he denied the circumstances appearing against him in the evidence brought on record by the prosecution, pleaded innocence and false implication. 4. Learned trial Court, after appreciation of oral and documentary evidence on record, convicted and sentenced the appellant as mentioned in the opening paragraph of this judgment, against 3 which the present appeal has been preferred by the appellant questioning the legality, validity and correctness of the impugned judgment. 5. Learned counsel for the appellant submits that he does not want to press this appeal on merits and confines his argument only on sentence part. He submits that the appellant is now aged about 33 years and has family responsibilities and he has already remained in jail for about 2 years 10 months. The incident took place in the year 2019 and since then the appellant is facing the lis. Hence, considering all these facts, the sentence of the appellant may be reduced to the period already undergone by him in the interest of justice. 6. Per contra, learned counsel appearing for the State, supported the impugned judgment and opposed the arguments advanced on behalf of the Appellant. 7. Heard learned counsel for the parties and perused the record including the impugned judgment. 8. Dr. Khyati (PW-12), in her Court testimony, stated that on July 13, 2019, she conducted a medical examination of injured Rajay Netam, who sustained the following injuries:- 1. On the left elbow, there was a stab wound measuring 2x1x2 cm. 2. On the right arm, there was a stab wound measuring 2x2x3 cm. 3. On the left side of the chest (upper portion), there was a stab wound measuring 2x1x2 cm. 4. On the lower right side of the chest, there was a stab wound measuring 1x1x2 cm. 5. On the right side of the back, slightly above, extending 4 towards the middle part of the back, there was a stab wound measuring 2x1x3 cm. Dr. Khyati opined that during the medical examination the injured was conversing. No written communication was made by Police Station Bayanar to the Doctor regarding the determination of the nature of the injuries after conducting the medical examination of the injured. The injuries sustained by the victim could have healed with proper treatment. No injuries were inflicted upon the vital organs of the victim’s body. 9. Having gone through the entire material available on record and the evidence of injured Rajaya Netam (PW-1), Raghu Netam (PW-8) and Dr. Khyati (PW-12) her report Ex.P-21 establish the involvement of the Appellant in the crime in question. This Court does not find any illegality or infirmity in the finding recorded by the Trial Court as regards the conviction of the appellant for the aforementioned offence which is based on evidence available on record and it is hereby affirmed. 10.As regards the sentence, in the matter of Mohammad Giasuddin v. State of Andhra Pradesh reported in (1977) 3 SCC 287, Hon'ble Supreme Court has observed that if you are to punish a man retributively, you must injure him. If you are to reform him, you must improve him and, men are not improved by injuries and held in para-9 as follows: "9. Western jurisprudes and 'sociologists, from their own angle have struck a like note. Sir Samual Romilly, critical of the brutal penalties in the then Britain, said in 1817: "The laws of England are written in blood". Alfieri has suggested 'society prepares the crime, the criminal commits Director of George Nicodotis, Criminological Research Centre, Athens, Greece, maintains that 'Crime is the result of the lack of the right kind of education.' It is thus plain that crime is a it'. 5 pathological aberration, that the criminal can ordinarily be redeemed, that the State has to rehabilitate rather than avenge. The sub-culture that leads to anti-social behaviour has to be countered not by undue cruelty but by re-culturisation. Therefore, the focus of interest in penology is the individual, and goal is salvaging him for society. The infliction of harsh and savage punishment is thus a relic of past and regressive times. The human today views sentencing as a process of reshaping a person who has deteriorated into criminality and the modern community has a primary stake in the rehabilitation of the offender as a means of social defense. We, therefore consider a therapeutic, rather than an in 'terrorem' outlook, should prevail in our criminal courts, since brutal incarceration of the person merely produces laceration of his mind. In the words of George Bernard Shaw: 'If you are to punish a man retributively, you must injure him. If you are to reform him, you must improve him and, men are not improved by injuries'. We may permit ourselves the liberty to quote from Judge Sir Jeoffrey Streatfield: "If you are going to have anything to do with the criminal Courts, you should see for yourself the conditions under which prisoners serve their sentences." 11. In the light of the decision of the Hon’ble Supreme Court in the case of Mohammad Giasuddin (supra) and keeping in view the fact that the incident occurred approximately 6 years ago in 2019. At that time, the appellant was around 27 years old and now, he must be aged about 33 years, having family responsibilities. He is facing the lis since 2019 and he has already remained in jail for about 2 years and 10 months. Taking into consideration all these facts, the ends of justice would serve if he is sentenced to the period already undergone by him. 12. Accordingly, the conviction of the appellant of offence under Sections 307, 452 & 506-B of IPC is maintained and the sentence of RI for 7 years & RI for 3 years is reduced to the period already undergone by him i.e. 2 years and 10 months. However, the fine 6 amount of the aforementioned offence shall remain intact. The fine amount shall be disbursed to the injured person i.e. Rajaya Netam (PW-1). 13. Consequently, the appeal is partly allowed to the extent indicated hereinabove. 14. The appellant is reported to be on bail. He need not to surrender in this case. His bail bonds shall remain in force for a period of six months in view of the provisions contained in Section 437-A of the CrPC. 15. Let a certified copy of this judgment along with the original record be transmitted to the trial Court concerned forthwith for information and necessary compliance, if any. Shubham Sd/- (Sanjay Kumar Jaiswal) Judge