Appellants convicted under IPC 325 for assaulting a complainant in a land dispute. High Court affirmed conviction but reduced the rigorous imprisonment of two years to the period already undergone, citing the passage of over 17 years and prosecution delay.
Sentence reduced to the period already undergone (12 days).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 280 of 2009
Both R/o Village Dumaria, P.S. And Tehsil Surajpur, District Surguja, CG.
---- Applicants
Versus
State of Chhattisgarh through Station House Officer, P.S. Surajpur, District Surguja, CG.
--- Respondent
For Applicants : Shri Sanjay Agrawal, Advocate For State/Respondent : Smt. M. Aasha, Panel Lawyer
Hon'ble Smt. Justice Vimla Singh Kapoor
Order On Board
02/01/2019
On 5.07.2002 FIR (Ex. P-15) was lodged by Bobby Bai (PW-1) alleging that on account of some land related dispute, the accused/applicants had inflicted injuries to her with the help of a wooden handle. After completion of investigation, charge-sheet was filed against them under Section 325/34 IPC and charge framed accordingly.
remained under detention for 12 days, the jail sentence imposed on them may be reduced to the period already undergone and thereby their well settled family life may be protected from being up-rooted at this stage. State counsel however, supports the judgment impugned.
6. Revision allowed in part. Sd/-
(Vimla Singh Kapoor)
Judge
Jyotishi/Pawan
1 issue framed by the court
Whether the jail sentence imposed on appellants should be modified considering the delay in trial and time served.
2 provisions across 1 enactments
Nand Kumar
Ramkhilawan
State of Chhattisgarh
Vimla Singh Kapoor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
