Pancho Bai Vs State Of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Pancho Bai Vs State Of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal revision allowed: fines enhanced (Rs.200/- to Rs.500/- each per count under s.323/34 IPC; Rs.500/- to Rs.1,000/- each under s.324/34 IPC) yielding total compensation of Rs.7,500/- to the injured victims under s.357 Cr.P.C. (Rs.1,500/- each to PW-1 Pancho Bai, PW-2 Jagdas Panika and PW-4 Ku. Mona; Rs.3,000/- to Sambhu Das), payable by the trial court after due verification; deposit of enhanced fine within two months, failing which seven days' simple imprisonment; sentences to run concurrently.

Issue for consideration

Whether the injured victims (PW-1 Pancho Bai, PW-2 Jagdas Panika, PW-3 Sambhu Das, PW-4 Ku. Mona), in whose respect respondent Nos. 2 to 4 stand convicted under Section 323/34 (on three counts) and Section 324/34 IPC, were entitled to compensation under Section 357 Cr.P.C., having been awarded none by either the trial court or the appellate court. +1 more

Court's answer

A court is empowered under Section 357 Cr.P.C. to afford compensation to victims/injured persons while passing the judgment, if it considers fit; accordingly, compensation could properly be awarded in this case notwithstanding the sentences already modified by the appellate court.

Ratio / Principle

Although respondent Nos. 2 to 4 were convicted under Section 323/34 (on three counts) for causing injury to PW-1 Pancho Bai, PW-2 Jagdas Panika and PW-4 Ku. Mona, and under Section 324/34 for causing injury to PW-3 Sambhu Das by a sharp-edged weapon, with fines imposed, the victims were not compensated by either court; considering the facts, the nature of injuries and the gravity of the offence, the fines needed suitable enhancement.

Key takeaways

The fine of Rs.200/- each (on three counts) under Section 323/34 IPC imposed by the trial court and affirmed by the appellate court is enhanced to Rs.500/- each (on three counts); the fine of Rs.500/- each under Section 324/34 IPC is enhanced to Rs.1,000/- each, to be paid by respondent Nos. 2 to 4.ratio¶9
Total compensation payable to the victims comes to Rs.7,500/- under Section 357 Cr.P.C.: Rs.1,500/- each to PW-1 Pancho Bai, PW-2 Jagdas Panika and PW-4 Ku. Mona, and Rs.3,000/- to PW-4 Sambhu Das, to be paid by the concerned Trial Court after due verification; fine amounts already deposited, if any, to be adjusted accordingly.ratio¶10

Detailed headnote1 paragraphs

CRIMINAL REVISION (SS.397/401 Cr.P.C.) — COMPENSATION TO VICTIMS UNDER S.357 Cr.P.C. BY ENHANCEMENT OF FINE. Pancho Bai (complainant) revised against the Second Additional Sessions Judge, Janjgir's judgment/order dated 14.06.2016 in Criminal Appeal No.26/2016, which affirmed the JMFC Navagarh conviction (Criminal Case No.83 of 2015, order dated 17.02.2016) of respondent Nos. 2 to 4 — Raju Das @ Anil Das, Khik Das and Jamuna Bai — under s.323 (on three counts) and s.324 r/w s.34 IPC (injuries to PW-1 Pancho Bai, PW-2 Jagdas Panika, PW-4 Ku. Mona by s.323/34 and PW-3 Sambhu Das by sharp-edged weapon under s.324/34; acquitted under ss.294 & 506 Part-II IPC and ss.4 & 5, Chhattisgarh Tonahi Pratadna Nivaran Act, 2005) but reduced their jail sentences to period already undergone; neither court below awarded any compensation. Holding the victims entitled to compensation under s.357 Cr.P.C. considering the nature of injuries and gravity of offence, the High Court (Radhakishan Agrawal, J., 11.06.2025) enhanced the fines — Rs.200/- to Rs.500/- each (on three counts) under s.323/34 IPC and Rs.500/- to Rs.1,000/- each under s.324/34 IPC — fixing total compensation at Rs.7,500/- (Rs.1,500/- each to PW-1 Pancho Bai, PW-2 Jagdas Panika and PW-4 Ku. Mona; Rs.3,000/- to Sambhu Das), payable via the trial court after verification, deposit within two months failing which seven days' simple imprisonment, sentences concurrent; revision allowed.

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Digitally signed by AKHILESH AKHILESH BEOHAR BEOHAR Date: 2025.06.13 10:41:25 +0530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRR No. 750 of 2016

Pancho Bai W/o Jagdas Aged About 47 Years R/o Village Turi Hiragarh, P.S. Navagarh, District Janjgir Champa Chhattisgarh , Chhattisgarh

...Applicant

versus

State of Chhattisgarh, Through - P.S. Navagarh, District Janjgir - Champa Chhattisgarh.

Raju Das @ Anil Das, S/o Khik Das, aged about 27 Years,

Khik Das, S/o Panchram, aged about 63 Years,

Jamuna Bai, W/o Anil Das, aged about 24 Years,

Respondent Nos. 2 to 4 are R/o Village Turi (Hiragarh), P.S. Navagarh, District Janjgir Champa, Chhattisgarh.

... Respondents

For Applicant : Mr. Chandra Kumar, Advocate on behalf of Mr. Sushobhit Singh, Advocate For Respondent No.1 : Mr. Deepak Kumar Singh, Panel Lawyer. For Respondent Nos. 2 to 4 : Mr. Sumit Singh and Ms. Shatabdi Bagchi, Advocates.

(Hon'ble Shri Justice Radhakishan Agrawal)

Order on Board

11/06/2025

This present revision under Section 397 read with Section 401 of Cr.P.C. has been preferred by the applicant/complainant being aggrieved by the judgment of conviction and order of sentence dated 14.06.2016 passed by the learned Second Additional Sessions Judge, Janjgir, C.G. in Criminal Appeal No.26/2016, whereby while affirming

the conviction and fine sentence of the respondent Nos. 2 to 4 under Sections 323 (on three counts) & 324 read with Section 34 of Indian

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Penal Code (for short, 'IPC') by the Judicial Magistrate First Class, Navagarh, District Janjgir-Champa, C.G. in Criminal Case No.83 of 2015 vide order dated 17.02.2016, the learned Second Additional Sessions Judge, Janjgir, modified the jail sentence of the respondent Nos. 2 to 4 for the aforesaid offences and sentenced them to the period already undergone by them.

Case of the prosecution, in brief, is that on 05.01.2015 at about 6:00 pm, respondent Nos. 2 to 4 unlawfully entered the house of the applicant, abused her filthily and her family members and also assaulted them with a sharp edged weapon, due to which, they suffered grievous injuries over their bodies. On report being lodged to the above effect, offence under Sections 294, 323, 324, 506 read with 34 of IPC and Sections 4 & 5 of the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005 (for short, 'the Act, 2005').

After completion of investigation, charge sheet under Sections 294, 506, 323, 324 read with 34 of IPC and Sections 4 & 5 of the Act, 2005 were filed before Judicial Magistrate First Class, Navagarh, (C.G.). The accused persons abjured the charges and pleaded non-guilty.

The Court of JMFC, after appreciation of oral and documentary evidence, acquitted the accused persons/respondent Nos. 2 to 4 for the offence under Sections 294 & 506 Part-II of IPC and Sections 4 & 5 of the Act, 2005, however, convicted them for the offence under Sections 323 (on three counts) and 324 read with 34 of IPC and sentenced them to undergo rigorous imprisonment for 4 months and fine of Rs.200/- to each accused persons/respondent Nos. 2 to 4 for the offence under Section 323/34 of IPC and to undergo rigorous imprisonment for six months and fine of Rs.500/- each to

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accused/respondent Nos. 2 to 4 for the offence under Section 324/34 of IPC, in default of payment of fine amount to undergo simple imprisonment for one month each. The said judgment was challenged by the respondent Nos. 2 to 4 in appeal, however, the Appellate Court vide judgment dated 14.06.2016, partly allowed the appeal of the respondent Nos. 2 to 4 and modified the judgment of conviction and order of sentence passed by the JMFC as mentioned in para 1 of this order. Hence, this revision by the applicant/complainant seeking adequate punishment and compensation under Section 357 of Cr.P.C to the victims.

Learned counsel for the applicant/complainant submits that though the trial Court as well Appellate Court have convicted the accused persons/respondent Nos. 2 to 4 for the offence under Section 323/34 (on three counts) for causing injury to PW-1 Pancho Bai, PW-2 Jagdas Panika and PW-4 Ku. Mona and Section 324/34 of IPC for causing injury by a sharp edged weapon to PW-3 Sambhu Das, but no compensation has been awarded by both the learned Courts to the victims while passing the judgments, whereas compensation ought to have been granted in favour of the injured persons. Therefore, it is prayed that proper compensation be granted to injured persons in view of the provisions contained in Section 357 Cr.P.C.

Learned counsel for the respondent Nos. 2 to 4 supports the impugned judgment passed by the learned Appellate Court and submits that respondent Nos. 2 to 4 are facing the lis since 2015, they are the first offenders and have no criminal antecedents and they remained in jail for three days. Therefore, the learned Appellate Court modified the jail sentence of respondent Nos. 2 to 4 and sentenced

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them to the period already undergone by them. He further submits that the fine amount has already been deposited with the concerned trial Court and that in the said incident, injured persons did not sustain any grievous injuries over their bodies. Therefore, the fine amount imposed by the both the learned Courts is just and proper and injured persons are also not entitled for grant of any compensation.

Learned counsel for the State/respondent No.1 supports the contention made by learned counsel for the applicant/complainant.

Heard learned counsel for the parties and perused the record.

A bare perusal of provisions contained in Section 357 of Cr.P.C. would show that a Court is empowered to afford compensation to the victims/injured persons while passing the judgment, if it considered to be fit. In the present case, admittedly, perusal of judgments of both the learned Courts would reveal that although respondent Nos. 2 to 4 have been convicted for the offence under Section 323/34 (on three counts) for causing simple injury to PW-1 Pancho Bai, PW-2 Jagdas Panika and PW-4 Ku. Mona and Section 324/34 for causing injury to PW-3 Sambhu Das by a sharp edged weapon with imposition of fine amount, but the victims have not been compensated by both the learned Courts. Therefore, considering the facts and circumstances of the case, the nature of injuries sustained by the said victims and the gravity of the offence, this Court is of the opinion that fine amount of Rs.200/- each (on three counts) under Section 323/34 of IPC and that of Rs.500/- each under Section 324/34 of IPC imposed by the trial Court and affirmed by the Appellate Court needs to be enhanced suitably. Accordingly, it is directed that the fine amount of Rs.200/each (on three counts) imposed upon the respondent Nos. 2 to 4 is

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enhanced to Rs.500/- each (on three counts) for the offence under Section 323/34 of IPC and Rs.500/- each imposed upon the respondent Nos. 2 to 4 is enhanced to Rs.1,000/- each for the offence under Section 324/34 of IPC. Thus, the total amount of compensation payable to the victims would come to Rs.7,500/-, which the respondents No. 2 to 4 shall pay to the victims.

Out of the total fine amount i.e. Rs.7,500/-, Rs.1,500/- each shall be paid to the victims (PW-1 Pancho Bai, PW-2 Jagdas Panika and PW-4 Ku. Mona) and Rs.3,000/- shall be paid to the victim (PW-4 Sambhu Das) as compensation under Section 357 Cr.P.C by the concerned Trial Court after due verification. The fine amount already deposited by the respondent Nos. 2 to 4, if any, shall be adjusted accordingly. The fine amount shall be deposited by the respondent Nos. 2 to 4 within a period of 2 months from the date of passing of this order. If the enhanced fine amount is not deposited by the respondent Nos. 2 to 4 within the stipulated time, then they shall suffer simple imprisonment for seven days. Both the sentences are directed to run concurrently.

Consequently, the criminal revision is allowed.

Records of both the Courts be sent back to the concerned Courts along with a copy of this order forthwith for information and necessary action.

Sd/- (Radhakishan Agrawal ) Judge

Akhilesh

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment of conviction and order of sentence dated 14.06.2016 of the learned Second Additional Sessions Judge, Janjgir (C.G.) in Criminal Appeal No.26/2016: affirmed the conviction and fine sentence of respondent Nos. 2 to 4 under Sections 323 (on three counts) & 324 read with Section 34 IPC, but modified the jail sentence to the period already undergone.¶1
Second Additional Sessions Judge, Janjgir (Appellate Court, Criminal Appeal No.26/2016) · 14.06.2016
Prior proceeding
Incident (05.01.2015, about 6:00 p.m.): respondent Nos. 2 to 4 allegedly unlawfully entered the applicant's house, abused her filthily and her family members, and assaulted them with a sharp-edged weapon causing grievous injuries; on report, offence under Sections 294, 323, 324, 506 read with 34 IPC and Sections 4 & 5 of the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005.¶2
Prior proceeding
After investigation, charge-sheet under Sections 294, 506, 323, 324 read with 34 IPC and Sections 4 & 5 of the Act, 2005 filed before the Judicial Magistrate First Class, Navagarh (C.G.); the accused abjured the charges and pleaded non-guilty.¶3
Prior proceeding
Trial (Criminal Case No.83 of 2015, order dated 17.02.2016, JMFC Navagarh): the JMFC acquitted respondent Nos. 2 to 4 for offences under Sections 294 & 506 Part-II IPC and Sections 4 & 5 of the Act, 2005, but convicted them under Sections 323 (on three counts) and 324 read with 34 IPC.¶4
Prior proceeding
Sentence at trial: rigorous imprisonment 4 months and fine of Rs.200/- each (Section 323/34 IPC) and rigorous imprisonment six months and fine of Rs.500/- each (Section 324/34 IPC), with simple imprisonment one month each in default of fine payment.¶4
Prior proceeding
Respondent Nos. 2 to 4 challenged the trial court's judgment in appeal; the Appellate Court vide judgment dated 14.06.2016 partly allowed their appeal and modified the judgment of conviction and order of sentence as recorded in para 1 (jail sentence reduced to period already undergone).¶4
Prior proceeding
Applicant/complainant filed the present revision seeking adequate punishment and compensation to the victims under Section 357 Cr.P.C.¶4