Partly allowed

Ganesh @ Ganeshan and Another v. State of Chhattisgarh

Chhattisgarh HC17 Aug 2023CRA/3/2006

Case brief

AI extract

What is this about?

In this criminal appeal against conviction and sentencing for assault and attempted murder, the High Court upheld the conviction but reduced the jail term to the period of time already undergone by the appellants in jail, directing the record be sent back for compliance.

What did the court decide?

Conviction and fine affirmed; jail sentence reduced to the period already undergone by the appellants.

Ganesh @ Ganeshan and Another Vs State of… — Murder and Culpable Homicide | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.3 of 2006

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1. Ganesh @ Ganeshan, aged about 39 years, S/o Shri Pogan, R/o Q. No. 183 Risali Sector, Bhilai, District Durg, Chhattisgarh.

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2. Baljeet Singh, aged about 29 years, S/o Shri Gopal Singh, R/o Q. No. 4E Street 30-A, Sector 7, Bhilai, District Durg, Chhattisgarh.

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---- Appellants

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Versus

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State of Chhattisgarh, through the Police Station Pulgaon, District Durg, Chhattisgarh.

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	---- Respondent
For Appellant	: Mr. Manoj Kumar Mishra, Advocate
For State/Respondent	: Ms. Shivali Dubey, Panel Lawyer

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Hon'ble Shri Justice Arvind Singh Chandel

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Judgment on Board

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17.08.2023

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1. This appeal has been preferred against the judgment dated 09.12.2005 passed in Session Trial No.297/2000 by the learned Session Judge, District Durg (C.G.) wherein, the Appellants have been convicted for offence punishable under Section 324 of the IPC and sentenced to undergo RI for 1 year and to pay fine of Rs. 200/- each, with default stipulation.

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2. According to the case of prosecution on 05.03.1997 around 3 PM, complainant Unush Kumar returning from District Court Durg to Dhanora and when he reached near Borsi lake, the

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Appellants herein and co-accused Deva (acquitted) reached there on tempo with sticks and knife and assaulted complainant Unush due to that he sustained injuries on various parts of his body. After the incident, Unush reached Registrar Office Durg and narrated the incident to Durga Sinha and Shiv Sinha, thereafter, the matter was reported. Statements of witnesses were recorded under Section 161 of Cr.P.C. After completion of investigation, charge-sheet was filed by the Police. Trial Court framed the charges against the Appellants herein and another co-accused Deva under Sections 147, 148, 149 & 307 of the IPC. To robe the Appellants in the crime-in-question, the prosecution has examined as many as 11 witnesses. In statement of the Appellants recorded under Section 313 of Cr.P.C, they pleaded innocence and false implication, however, no defence witness was examined by the Appellants.

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3. After completion of trial, Trial Court acquitted co-accused Deva for all the charges as well as acquitted the Appellants herein for offence under Sections 147, 148, 149 & 307 of the IPC. However, convicted and sentenced the Appellants herein as mentioned in paragraph 1 of this judgment. Hence, this appeal.

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4. Learned Counsel appearing for the Appellants submits that he does not want to press this appeal on merits and confines his

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3 argument to the sentence part only. He further submits that the Appellants are facing the lis since 1997 i.e. last 26 years, they already undergone about 25 days and 53 days respectively in jail, they have no criminal antecedents, therefore, it is prayed that the jail sentence awarded to them may be reduced to the period already undergone by them.

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5. On the contrary, learned State Counsel opposes the appeal and supported the impugned judgment.

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

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7. Considering the above facts and circumstances of the case, particularly considering that the Appellants are facing the lis since last 26 years, they have already undergone about 25 days and 53 days respectively in jail and they have no criminal antecedents, therefore, I am of the view that the ends of justice would be met if, while upholding the conviction imposed upon the Appellants, the jail sentence awarded to them is reduced to the period already undergone by them. Ordered accordingly.

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8. Consequently, the appeal is partly allowed. The conviction and fine amount of the Appellants as mentioned in paragraph 1 of this judgment is affirmed and against the conviction they are sentenced to the period already undergone by them.

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

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if any.

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Sd/- (Arvind Singh Chandel) Judge

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S hubham

Ganesh @ Ganeshan and Another v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ganesh @ Ganeshan and Another 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

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