The Division Bench of the Chhattisgarh High Court, upon office reference, modified the sentence for three accused from 01 year rigorous imprisonment to 02 months rigorous imprisonment for offences under Section 323 read with Section 34 IPC.
Sentence of one year rigorous imprisonment modified to two months rigorous imprisonment.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 1458 of 202 3
Shanti Bai, W/o Kalyan Gond, aged about 27 years, R/o Village Pandri, Police Station Marwahi, Civil and Revenue District Bilaspur (Chhattisgarh)
---- Applicant
Versus
State of Chhattisgarh, Through Police Station Marwahi, District Bilaspur, (Chhattisgarh)
---- Non-applicant
(Office Reference)
Division Bench
Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Sachin Singh Rajput
Order on Board (14.07.2023)
1. We have perused this office reference, which is based on the request letter dated 21.06.2023, sent by the Additional Sessions Judge, Pendra Road, District Bilaspur (C.G.).
2. Considering the tenure and texture of the final judgment dated 27.02.2023, passed in CRA-578-2014, CRA-706-2014 & CRA-8372014 alongwith other connected matters and the error crept in it, we direct that the period of sentence imposed by this Court on accused, namely, Shanti Bai, Kalayan Singh and Babulal for 01 year rigorous imprisonment be read/modified to 02 months’ rigorous imprisonment for having committed offence under Section 323 read with Section 34 of IPC.
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3. Accordingly, Para-33 of the final judgment dated 27.02.2023 passed in CRA-578-2014, CRA-706-2014 & CRA-837-2014 alongwith other connected matters stands modified as indicated herein above to the extent it relates to accused/appellants, namely, Shanti Bai, Kalayan Singh and Babulal are concerned.
4. A copy of this order be sent to the Additional Sessions Judge, Pendra Road, District Bilaspur (C.G.) for information and necessary action.
5. The office reference stands disposed of accordingly.
Sd/Sd/- (Sanjay K. Agrawal) (Sachin Singh Rajput) Judge Judge
s@if
1 issue framed by the court
Whether the period of sentence imposed on the accused should be read/modified due to errors in the final judgment.
1 provisions across 1 enactments
Shanti Bai, W/o Kalyan Gond
Sanjay K. Agrawal
Sachin Singh Rajput
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
