Partly allowed

Dhaniram Patel and Ors. v. State of Chhattisgarh

Chhattisgarh HC14 Oct 2024CRR/600/2011

Case brief

AI extract

What is this about?

Revision filed by acquitted applicants against appellate order upholding conviction via Section 457 IPC and 380 IPC. High Court upheld conviction but reduced jail sentence to period already undergone, affirming fine and directing concurrent sentences.

What did the court decide?

Revision partly allowed; conviction affirmed; jail sentence reduced to period already undergone; fine affirmed; bail bond extended for six months.

Dhaniram Patel and Ors. Vs State of Chhattisgarh — Property and Title | Chhattisgarh HC (2024)

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Digitally
signed by
SAURABH
SAURABH YADAV
YADAV Date:
2024.10.16
16:43:21
+0530

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2024:CGHC:40400

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRR No. 600 of 2011

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1. Dhaniram Patel S/o Late Ramkishun Patel, aged about 27 years, R/o Hathkeshar Shitlapara, Near Ramdeo Mandir, Dhamtari, District: Dhamtari, C.G.

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2. Yashwant Dhimar S/o Mahesh Dhimar, aged about 20 years, R/o Aamapara, Dhamtari, District: Dhamtari (C.G.)

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3. Avichal Saheb S/o Hori Saheb, aged about 28 years, R/o Near Hathkeshar Mandir, Dhamtari, Police Station & District: Dhamtari (C.G.)

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... Applicants

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Versus

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State of Chhattisgarh through District Magistrate Dhamtari, District: Dhamtari (C.G.) and also through Police Station : Dhamtari, District: District: Dhamtari, (C.G.)

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... Respondent

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For Applicants : Ms. N.K. Kashyap, Advocate on behalf of Mr. Pushpendra Kumar Patel, Advocate For State : Mr. Akhilesh Kumar, G.A.

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Hon’ble Shri Justice Radhakishan Agrawal

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Judgment on Board

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15.10.2024

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1. The present revision is filed under Section 397/401 of Code of Criminal Procedure against the judgment dated 13.10.2011 passed by Additional Session Judge, Dhamtari, District: Dhamtari (C.G.) in Criminal Appeal No. 9 of 2011 whereby, the appeal filed by the applicants was partly allowed while confirming the conviction of the applicants under Sections 457 and 380 of IPC and while reducing the sentence to SI for 6 months with fine of Rs.100/- on each count (both the sentences were directed to run concurrently).

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2. Case of the prosecution, in brief, is that, complainant Nikki Gangwani lodged a report stating that on 09.04.2009 at about 10:30 pm, the present applicants entered his shop which was situated at Aathwani Gali Dhamtari, and committed theft of Window Cooler, 7 switch packets, Motor of Exhaust Window, 1 piece iron total amounting to Rs. 1,640/-. On the basis of aforesaid, offence was registered against the present applicants.

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3. After completion of investigation, charge sheet was filed before Chief Judicial Magistrate, Dhamtari, District: Dhamtari (C.G.). The applicants abjured the charge and pleaded non-guilty.

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4. Learned Trial Court after appreciation of oral and documentary evidence, convicted the applicants under Sections 457 and 380 of IPC and sentenced him to RI for 3 years with fine of Rs. 100/- on each

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count. The said judgment was challenged by the applicant in criminal appeal, however, the Appellate Court vide order dated 13.10.2011 partly allowed the appeal while upholding the conviction and altered the sentence part as mentioned in Para 1. Hence, this revision.

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5. Learned counsel appearing for the applicant submits that she does not want to challenge the conviction part of the applicants and confines her argument to the sentence part only, which is on higher side. She further submits that during trial the applicants have remained in jail for 11 days i.e. from 11.04.2009 to 14.04.2009 and 13.10.2011 to 19.10.2011, they have no criminal antecedents and they are facing the lis since 2009, i.e. for more than 15 years. He further submits that the fine amount has already been deposited, therefore, the jail sentence awarded to the applicants may be reduced to the period already undergone by them.

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6. On the contrary, learned counsel for the State opposed the revision and supported the impugned judgment.

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7. I have heard learned counsel appearing on behalf of the parties and perused the record.

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8. Considering the statements of complainant PW-1 Nikki Gangwani supported by the statement of PW-2 Ankush Gangwani, coupled with the evidence of PW-3 Keshram Jangde (Head Constable) and PW-4 D.S. Netam (Sub Inspector) and other evidence on record, this Court is of the opinion that the finding of conviction recorded by the learned trial Court as well as by the Appellate Court being based on the

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evidence available on record is correct finding.

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9. Further considering the above facts and circumstances of the case, and also considering the fact that the applicants have undergone about 11 days, they are facing the lis since 2009 and there is no criminal antecedents against them, I am of the view that the ends of justice would be met if, while upholding the conviction imposed upon the applicants, the jail sentence awarded to them is reduced to the period already undergone by them.

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10. Consequently, the revision is partly allowed. The conviction of the applicants under the aforementioned sections are affirmed and they are sentenced to the period already undergone by them with a direction that the sentences imposed upon the applicants shall run concurrently. The fine sentence is affirmed.

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11. Since the applicants are reported to be on bail, therefore, their bail bond shall remain in force for a period of six months from today in view of provision of Section 437-A of Cr.P.C.

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Saurabh

Dhaniram Patel and Ors. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Dhaniram Patel and Ors. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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