Laldas and Other Vs State of Chhattisgarh

1 The present appeal arises out of the impugned judgment of conviction and order of sentence dated 19.01.2007 passed by the learned Session Judge, Janjgir-Champa, District – Janjgir-Champa (C.G.) in Sessions Trial No. 36/2006, whereby the learned Session Judge has convicted and sentenced the appellants as under :

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Conviction	Sentence and Fine
U/s 341 of IPC	S.I. for 01 month
	R.I. for 01 year and fine of Rs.
U/s 323/34	1000/- and in default of payment of fine, 02 Months S.I.

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The Sentences are directed to run concurrently

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2 The appeal on behalf of Appellant No.2 Santram has already abated as per order of this Court dated 11.12.2013.

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3 The case of the prosecution is that on 11.12.2004 at about 08:30 P.M. at village Limtara, the complainant Gangaram along with Chandra Kumar and Bholu Yadav were returning back from the house of Chandra Kumar. At that time, the appellants interfered their way and were armed with club and axe. Thereafter, the appellants had a quarrel with the complainant and other persons and with an intention to cause injury have assaulted the complainant Gangaram with clubs and due to which, the complainant received injuries on his right thumb, left knee, fingure and other parts of body. The matter was subsequently reported to the concerned Police Station and FIR was registered against the appellants. After completion of investigation, charge sheet has been filed under Sections 506 part II, 341, 323 r/w Section 34 of the Indian Penal Code.

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4 So as to hold the appellant guilty, the prosecution has examined as many as 08 witnesses and exhibited 12 documents. However, appellants have exhibited 03 documents in their defence and examined 01 witness. The statement of the appellants was also recorded under Section 313 of the Cr.P.C. in which they denied the circumstances

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appearing against them, pleaded innocence and false implication in the case.

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5 After hearing the parties, vide impugned judgment of conviction and order of sentence dated 19.01.2007, learned trial Court has acquitted the appellants for the offence punishable under Sections 506 part II of the IPC. However, the appellants have been convicted and sentenced for offence punishable U/s 341 & 323 r/w. 34 of the I.P.C. Hence, the present appeal.

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6 Learned counsel for the appellants submits that he is not pressing the appeal so far as it relates to the conviction part of the judgment and would confine his argument to the sentence part thereof only. According to him, the appellants have also registered a counter case against the complainant Gangaram and appeal preferred by complainant -Gangaram before this Court bearing CRA No.83/2007 was also decided vide order dated 17.01.2025, the incident is said to have taken place in the year 2004, and thereby about 20 years have rolled by since then. At present, the Appellant No. 1 is aged about 60 years and Appellant No. 03 is aged about 49 and the appellants have already remained in jail for about 05 days and no useful purpose would be served in again sending them to jail, therefore, in the interest of justice, it would be appropriate if the sentence imposed upon them may be reduced to the period already undergone by them.

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7 Per contra, learned counsel appearing for the State, supporting the impugned judgment, opposed the arguments advanced on behalf of the counsel for appellants.

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8 Heard learned counsel for the parties and perused the material on record including the impugned judgment.

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9 Having gone through the material available on record and the

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evidence of complainant (Gangaram) and eye-witnesses Bholu Yadav (PW-4) & Chandra Kumar (PW-5) and the evidence of Dr. P. Singh (PW-3), establish the involvement of the appellants in the crime in question. This Court does not see any illegality in the findings recorded by the Trial Court as regards conviction of the appellants for the offence punishable under Sections 341, 323/34 of IPC.

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10 As regards the sentence, keeping in view the facts that the incident had taken place on 11.12.2004 about 20 years ago, appellants No.1 & 3 currently aged about 60-49 years respectively and further considering the facts and circumstances of the case and the fact that the appellants have already remained in jail for about 05 days, as also, the case registered against the complainant Gangaram has already been decided by this Court in CRA No. 83/2007 vide order dated 17.01.2025, this Court is of the opinion that the ends of justice would be served if they are sentenced to the period already undergone by them.

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11 In view of the above consideration, I do not feel it appropriate to sent back Appellants No.1 & 3 to jail, hence the sentence of Appellant No. 1 & 3 is reduced to the period already undergone by them i.e. 5 days for offence punishable under Sections 341 & 323 R/w 34 of IPC. However, the fine amount for the above offence shall remain intact. It is ordered accordingly.

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12 Consequently, the appeal is allowed in part to the extent indicated hereinabove.

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13 Appellants No. 1 & 3 are on bail. They need not to surrender in this case. Their bail bonds shall continue for a further period of 6 months as per requirement of Section 437-A of the Cr.P.C.

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14 Record of the Court below be sent back along with a copy of this judgment forthwith for information and necessary action, if any.

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Sd/(Sanjay Kumar Jaiswal) JUDGE

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Dey

Laldas and Other v. State of Chhattisgarh

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Laldas and Other v. State of Chhattisgarh

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