Partly allowed

Sudhuram and Ors. v. State of Chhattisgarh

Chhattisgarh HC18 Aug 2023CRA/18/2006

Case brief

AI extract

What is this about?

Appeal filed by five appellants convicted for kidnapping, kidnapping to a counterfactual, and kidnapping. Contempting the sentence only, they sought reduction to time served. The High Court reduced the sentence to the period already undergone, upheld conviction, and kept bail bonds operative for six months under Cr.P.C. Section 437-A.

What did the court decide?

Sentence reduced to the period already undergone. Bail bonds to remain operative for six months.

Sudhuram and Ors. Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2023)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

Criminal Appeal No.18 of 2006

¶5

Sudhuram, S/o Kosharam, Aged about 30 years,

¶6

Jaisingh, S/o Hadiram, Aged about 35 years,

¶7

Raysingh, S/o Hadiram, Aged about 33 years,

¶8

Santuram, S/o Ghasiyaram, Aged about 25 years,

¶9

Siyaram, S/o Lachuram, Aged about 25 years,

¶10

All the appellants are R/o village- Mageda, Police ChowkiMakadi, District Bastar (C.G.).

¶11

---- Appellants

¶12

Versus

¶13

State of Chhattisgarh, through- Police Chowki- Makadi, District Bastar (C.G.).

¶14

---- Respondent

¶15

_______________________________________________________ For Appellants : Mr. R.S. Patel, Advocate

¶16

For State/Respondent : Mr. Anurag Verma, Panel Lawyer

¶17

Hon'ble Shri Justice Arvind Singh Chandel

¶18

Judgment on Board

¶19

18/08/2023

¶20

All the appellants are present before this Court today along

¶21

with counsel. There presence be marked.

¶22

¶23

Considering the fact that this appeal is of the year 2006 and with the consent of counsel for both the parties, this matter is heard finally.

¶24

This appeal has been preferred by the appellants being aggrieved with the judgment dated 29.11.2005 passed by the 4^th Additional Sessions Judge (Fast Track Court), Bastar Jagdalpur (C.G.) in Sessions Trial No.294/2005, whereby the trial Court has convicted and sentenced the appellants as under :

¶25

Conviction	Sen	tence	In Default
Under Section 147/149 of the IPC	R.I. for (each ap	02 years pellant)	-----
Under Section 363/149 of the IPC	R.I. for and fine Rs.200/-	07 years amount of	In default of payment of fine amount further R.I. for one month (each appellant)
Under Section 366/149 of the IPC	R.I. for and fine Rs.200/-	07 years amount of	In default of payment of fine amount further R.I. for one month (each appellant)

¶26

¶27

(The sentences of all the sections shall run concurrently).

¶28

According to the case of prosecution on 05.06.2005 at about

¶29

09:00 pm, all the appellants with common intention assembled at village Gudripara and kidnapped the victim girl from her house and induced her to marry with accused appellant- Sudhuram. Somehow, the victim girl came back her home from the house of accused- Sudhuram and thereafter, matter was reported by her on the next day at Police Chowki- Makadi, on the basis of which, FIR (Ex.P/2) was registered. Statement of the victim girl and other witnesses was recorded under Section 161 CrPC. After completion of investigation, charge-sheet was filed by the police and the trial Court framed the charges against the appellants.

¶30

To prove the guilt of the accused/appellants, the prosecution has examined as many as 11 witnesses. However, no defence witness was examined. Statement of the appellants under Section 313 of the Cr.P.C. was recorded, wherein accused/appellants pleaded innocence and false implication in the matter.

¶31

After completion of trial, the trial Court has convicted and sentenced the appellants as mentioned in paragraph three

¶32

¶33

of this judgment. Hence, this appeal.

¶34

Learned counsel appearing on behalf of the appellants submits that he does not wants to press this appeal on merits and confines his argument to the sentence part only. He further submits that the incident is of the year 2005, the appellants are facing the lis from last 18 years. The appellants have already undergone about 09 months in this case and they have no criminal antecedent, therefore, it is prayed that the jail sentence awarded to the appellants may be reduced to the period already undergone by them.

¶35

Per contra, learned counsel for the State/respondent opposes the argument raised by counsel for the appellants, supported the impugned judgment and submits that sentence awarded by the trial Court is just and proper and requires no interference.

¶36

I have heard learned counsel appearing on behalf of the parties and perused the material available minutely.

¶37

Considering the above facts and circumstances of the case, particularly, considering the fact that the appellants have already undergone about 09 months in this case and further considering that they have no criminal antecedent, I am of

¶38

¶39

the considered opinion that the ends of justice would be met if, while upholding the conviction imposed upon them, the jail sentence awarded to them is reduced to the period already undergone by them. Ordered accordingly.

¶40

It is reported that the appellants are on bail. Their bail bonds are not discharged at this stage and the same shall remain operative for a further period of six months in light of Section 437-A of the Cr.P.C.

¶41

Records of the Court below be sent back along with a copy of this order forthwith for information and necessary compliance.

¶42

Sd/-

¶43

(Arvind Singh Chandel) Judge

¶44

Vasant

Sudhuram and Ors. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sudhuram and Ors. 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

Ganesh @ Ganeshan and Another Vs State of Chhattisgarh

Mohanlal Joshi Vs State Of Chhattisgarh

Abdul Nazib Vs Rajendra Khandekar

Smt. Suchita Minj Vs Sanjay Singh

Minor Ku. Divya Vs Pooran Singh Sen

Reliance General Insurance Company Limited Vs Smt. Eman Lakra