Partly allowed

Nagendra Wadher v. State of Chhattisgarh

Chhattisgarh HC15 Nov 2017CRR/151/2006

Case brief

AI extract

What is this about?

This revision against a conviction under Sections 374 and 323 IPC was partly allowed. The High Court affirmed the conviction but modified the sentence to the period already undergone by the revisioner, while maintaining the fine, considering the incident occurred 17 years prior.

What did the court decide?

Conviction affirmed; sentence reduced to the period already undergone; fine remains intact.

Nagendra Wadher Vs State of Chhattisgarh — Corruption | Chhattisgarh HC (2017)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

CRR No. 151 of 2006

¶5

Nagendra Wadher S/o Girdhari aged about 40 years, R/o Nayapara Ward Behind “Brindawan Palace” Hotal Bhatapara P.S./Tahsil/P.O. Bhatapara Distt. Raipur C.G.

¶6

----Revisioner/applicant

¶7

Versus

¶8

State of Chhattisgarh

¶9

---- Non Revisioner/Respondent

¶10

For Revisioner/applicant : Ms. Pragya Pandey, Advocate For Non-revisioner : None

¶11

Hon'ble Shri Justice Ram Prasanna Sharma

¶12

Order On Board

¶13

15.11.2017

¶14

1. This revision is preferred against the Judgment of conviction and order of sentence dated 25.02.2006 passed by the Additional Session Judge, Bhatapara in Criminal Appeal No. 160/2005 wherein in the said Court, modified the judgment of conviction and order of sentence passed by Judicial Magistrate First Class Baloda Bazar, in Criminal Case No. 1374/04 and convicted the revisioner under Sections 374, 323 of I.P.C. and sentenced him to undergo rigorous imprisonment for 3 months and to pay fine of Rs. 1,000/-, for each offence, with default stipulations.

¶15

2. The revisioner was charge-sheeted for offence under Sections 374 and 373 of the IPC on the basis of report lodged by one Kartikram on 21.06.2000 for causing injury to Brihaspati Bai who was working in the house of the revisioner. From the evidence of Brashpatibai (PW-1), Kartik (PW-2), Sub-Inspector B.R. Gupta (PW-4) and Dr. Ashok Kumar Soni (PW-5), it is established that the revisioner assaulted the complainant who

¶16

¶17

was minor and compelled her to labour against her will and voluntary caused simple injuries to her and the case is based on direct evidence of Brahaspati Bai (PW/1) and there is no reason to disbelieve the same and finding of the court below is well founded and same is not liable to be interfered with the same.

¶18

3. The core issue in the present revision is whether corporeal punishment is compulsory given to the revisioner for both the offences under Sections 374 & 323 of the IPC. Section 323 of I.P.C does not provide compulsory corporal punishment, either the person can be sentenced to corporal punishment, or he can be fined.

¶19

4. Considering all the facts and circumstances of the case and the fact that the incident took place in the year 2000 i.e.17 years ago, ends of justice would be served if the jail sentence of the revisioner is reduced to the period already undergone by him while maintaining the conviction under Sections 374 and 323 of the IPC and fine amount.

¶20

5. Accordingly, the revision is partly allowed. Conviction of the revisioner under Sections 374 and 323 of the IPC is affirmed, but the revisioner is sentenced to the period already undergone by him and fine amount shall remain intact.

¶21

6. With this modification the revision is partly allowed.

¶22

Sd/-

¶23

(Ram Prasanna Sharma)

¶24

JUDGE

¶25

PAWAN

Nagendra Wadher v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Nagendra Wadher v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pankaj Majithia Vs Smt. Charusheela

Ghanaram Mahilane Vs State Of Chhattisgarh

Ishwar Nage Vs Smt. Anita Nage

Gautam Prasad and Ors. Vs the State of C.G.

Bhagat Ram Vs State Of Chhattisgarh

Hemant Kumar Rajput Vs State Of Chhattisgarh