Chandramani Gupta vs State Of Chhattisgarh on 10 July, 2026

    0
    17
    ADVERTISEMENT

    Chattisgarh High Court

    Chandramani Gupta vs State Of Chhattisgarh on 10 July, 2026

    Author: Parth Prateem Sahu

    Bench: Parth Prateem Sahu

                                            1
    
    
    
    
    CGHC010222152019                                    2026:CGHC:29870-DB
                                                                      NAFR
    
    
    
               HIGH COURT OF CHHATTISGARH AT BILASPUR
    
    
                                   ACQA No. 508 of 2019
    
    
    Lakhpatiya W/o Late Rampal Singh Aged About 54 Years R/o Village
    Lahpatra, Police Station Lakhanpur, District Sarguja Chhattisgarh.,
    District : Surguja (Ambikapur), Chhattisgarh
                                                                  --- Appellant
    
    
                                         versus
    
    
    1 - State Of Chhattisgarh Through Police Station Lakhanpur, District
    Surguja Chhattisgar., District : Surguja (Ambikapur), Chhattisgarh
    2 - Chandramani Gupta W/o Rajlal Gupta Aged About 50 Years R/o
    Village Patratoli, Salka, Police Station - Darima, District Surguja
    Chhattisgarh,       District     :   Surguja   (Ambikapur),    Chhattisgarh
    3 - Sanjay Gupta S/o Rajlal Gupta Aged About 22 Years R/o Village
    Patratoli, Salka, Police Station - Darima, District Surguja Chhattisgarh,
    District        :         Surguja           (Ambikapur),       Chhattisgarh
    
    
    4 - Raju Gupta S/o Rajlal Gupta Aged About 23 Years R/o Village
    Patratoli, Salka, Police Station - Darima, District Surguja Chhattisgarh,
    District        :         Surguja           (Ambikapur),       Chhattisgarh
    
    
    5 - Raja Gupta S/o Bitan Gupta Aged About 23 Years R/o Village
    Patratoli, Salka, Police Station - Darima, District Surguja Chhattisgarh,
                                          2
    
    District        :       Surguja          (Ambikapur),         Chhattisgarh
    
    
    6 - Rajlal Gupta S/o Manbodh Aged About 55 Years R/o Village
    Patratoli, Salka, Police Station - Darima, District Surguja Chhattisgarh,
    District        :       Surguja          (Ambikapur),         Chhattisgarh
    
    
    7 - Guddi @ Susheela W/o Rajesh Gupta Aged About 28 Years R/o
    Village Sapkara Police Station Surajpur, District Surajpur Chhattisgarh.,
    District : Surajpur, Chhattisgarh
                                                         --- Respondent(s)
    
    
    For Appellant             : Mr. Gyan Prakash Shukla, Advocate
    For Respondent/State      : Mr. Atanu Ghosh, Dy. G.A.
    For Respondent No. 2-7 : Ms. Seema Verma, Advocate
    
    
    
    
                               CRA No. 3 of 2019
    
    
    1 - Chandramani Gupta W/o Rajlal Gupta Aged About 50 Years R/o
    Village- Patratoli, Salka, Police Station- Darima, District- Surguja,
    Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh
    
    
    2 - Sanjay Gupta S/o Rajlal Gupta Aged About 22 Years R/o Village-
    Patratoli, Salka, Police Station- Darima, District- Surguja, Chhattisgarh.,
    District : Surguja (Ambikapur), Chhattisgarh
    
    
    3 - Raju Gupta S/o Rajlal Gupta Aged About 24 Years R/o Village-
    Patratoli, Salka, Police Station- Darima, District- Surguja, Chhattisgarh.,
    District : Surguja (Ambikapur), Chhattisgarh
    
    
    4 - Raja Gupta S/o Bitan Gupta Aged About 23 Years R/o Village-
    Patratoli, Salka, Police Station- Darima, District- Surguja, Chhattisgarh.,
    District : Surguja (Ambikapur), Chhattisgarh
                                          3
    
    
    
    5 - Rajlal Gupta S/o Manbodh Aged About 55 Years R/o Village-
    Patratoli, Salka, Police Station- Darima, District- Surguja, Chhattisgarh.,
    District : Surguja (Ambikapur), Chhattisgarh
    
    
    6 - Guddi @ Susheela W/o Rajesh Gupta Aged About 28 Years R/o
    Village-   Sabkara,    Police   Station-   Sarajpur,   District-   Surajpur,
    Chhattisgarh., District : Surajpur, Chhattisgarh
                                                                 ---Appellants
    
    
                                      Versus
    
    
    State Of Chhattisgarh Through The Station House Officer, Police
    Station- Lakhanpur, District- Surguja, Civil And Revenue District-
    Ambikapur, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh
                                                           --- Respondent(s)
    
    
    
    For Appellants        : Ms. Seema Verma, Advocate
    For Respondent(s) : Mr. Atanu Ghosh, Dy. G.A.
    
    
    
                      Hon'ble Shri Justice Parth Prateem Sahu
                     Hon'ble Shri Justice Sachin Singh Rajput
    
                              Judgment on Board
    
                                    (10/07/2026)
    
    
    Per Sachin Singh Rajput, J.
    

    1. These two appeals are arising out of the judgment dated

    14.12.2018 passed by the Additional Sessions Judge FTC,

    SPONSORED

    Surguja (Ambikapur) in Sessions Trial No. 550/2011. By the
    4

    impugned judgment, the appellants in Criminal Appeal No.

    03/2019 have been convicted and sentenced in the following

    manner:

          CONVICTION                        SENTENCE
          u/S 294 of IPC    R.I. for 3 months each and fine of Rs. 100/-
    

    each. In default of payment of fine, further
    S.I. for 10 days.

    u/s 506-B of IPC R.I. for 6 months each and fine of Rs. 100/-

    each. In default of payment of fine, further
    S.I. for 10 days.

    u/s 148 of IPC R.I. for 1 year each and fine of Rs. 300/-

    each. In default of payment of fine, further
    S.I. for 10 days.

    u/s 149 of IPC R.I. for 1 year each and fine of Rs. 100/-

    each. In default of payment of fine, further
    S.I. for 10 days.

    u/s 323/34 of IPC R.I. for 1 year each and fine of Rs. 300/-

    each. In default of payment of fine, further
    S.I. for 10 days.

    u/s 323/34 of IPC R.I. for 1 year each and fine of Rs. 300/-

    each. In default of payment of fine, further
    S.I. for 10 days.

    2. Criminal appeal has been filed by the appellants/accused seeking

    their acquittal from the conviction and sentence awarded whereas

    the Acquittal Appeal has been filed by the appellant for conviction

    of accused persons under Section 307 of IPC and for

    enhancement of the sentence awarded to the accused persons.

    3. Case of the prosecution in nutshell is that complainant/injured

    P.W.-3/ Sonmati lodged a report in police station Lakhanpur,
    5

    District- Surguja on 20.11.2021 at 13:30 Hrs. stating that she

    alongwith her sister/injured Lakhpatiya (PW-2) was going to

    collect the death certificate of their father Late Manbodh. At that

    time their sister-in-law/ Chandramani Gupta, Guddi @ Sushila,

    Raju Gupta, Sanjay Gupta, cousin brother Raja Gupta and others

    came alongwith lathi, stick, iron rod and filthily abused them and

    threatened them for dire consequences and assaulted causing

    injuries on right hand, leg and also assaulted her sister

    Lakhpatiya (PW-2) on her head and tried to commit their murder.

    PW-1/Tileshwari and other people in the vicinity separated them

    thus somehow their lives were saved. Hence, the

    appellant/accused would have killed them.

    4. On the basis of the oral report, FIR Ex. P/3 was recorded by U.N.

    Dewangan(PW-6). The injured Sonmati (PW-3) and Lakhpatiya

    (PW-2) were sent for medical examination at Community Center

    at Lakhanpur vide memo Ex. P/4 and P/5. Statements of the

    witnesses were recorded, blood stains, sample soil was seized

    vide Ex. P/8, spot map Ex. P/9 was prepared, memorandum

    statement of the appellants was recorded vide Ex.

    P/10 to Ex. P/14 and on their disclosure statement stick/ danda

    was seized from their house vide Ex. P/15 to P/19.

    Accused/appellants were arrested. After due investigation,

    chargesheet was filed before the competent court who in turn

    committed the case to the Sessions Court which was made over

    to the learned Trial Court.

    6

    5. The appellants/accused were charged for an offence under

    Section, 294, 506-B, 147, 148, 149, 307, 307/34 of IPC who

    abjured their guilt and claimed trial. To prove this case, 10

    prosecution witnesses were examined. Statement of the

    appellants under Section 313 of CrPC was recorded in which they

    claimed their innocence and pleaded false implication. Smt.

    Chandramani Gupta (DW-1) was examined on their behalf. After

    assessment of the evidence and the material available on record,

    the learned trial court convicted and sentenced the appellants as

    stated above by the impugned judgment.

    6. Shri Gyan Prakash Shukla, learned counsel appearing for the

    appellant in acquittal appeal submits that the learned trial court

    has acted with material anomaly and illegality in passing

    impugned judgment and imposing inadequate sentence and

    conviction which is liable to be modified and enhanced suitably by

    this Court. The learned trial court has failed to appreciate the

    available evidence to its proper perspective and erroneously

    convicted and sentenced the accused/appellants under Section

    323 of the IPC. The learned trial court failed to consider that from

    the evidence available on record, the appellants ought to have

    been convicted under Section 307 of the IPC. The appellants had

    knowledge and intention to commit the murder and has attempted

    to commit murder of the injured Lakhpaitya. Thus, ingredients of

    Section 307 of IPC is made out. Hence, Acquittal Appeal may be

    be allowed setting aside the impugned judgment and the
    7

    appellants may be convicted under Section 307 of IPC imposing

    adequate sentence.

    7. Ms. Seema Verma, learned counsel appearing for the

    appellant/accused submits that the conviction of the appellants is

    contrary to law and facts available on record. There is no cogent

    evidence available on record to hold conviction of the appellants.

    The learned trial court misread the evidence available on record

    to sustain conviction of the appellants. The contradiction and

    omission in the evidence of the witnesses has been overlooked

    by the learned trial court. The conviction and sentence of the

    appellant awarded by the learned court deserves to be set-aside.

    Thus, prayed that the appeal must be allowed and the

    accused/appellants be acquitted. Alternatively, she submits that

    there is also no previous criminal antecedents against the

    accused/appellants. Therefore, the jail sentence awarded to the

    accused/appellants may be reduced to the period already

    undergone by them.

    8. We have heard learned counsel for the respective parties and

    perused the record.

    9. Case of the prosecution in nutshell is that when PW-2/Lakhpatiya

    and PW-3/ Sonmati were going to collect the death certificate of

    their father, on the way the accused/appellants and other persons

    came there and assaulted with stick, iron rods. They were

    medically examined by PW-5/ Dr. P.S. Kerketta. Before this Court

    assessed the evidence in respect of criminal appeal filed by the
    8

    appellant, this Court will deal with the submission of Mr. Gyan

    Prakash Shukla as to whether the findings of the learned trial

    court is erroneous and the accused/appellants can be convicted

    under Section 307 of the IPC.

    10. Powers in appeal against an order of acquittal of an accused is

    well settled. Ofcourse, the appellate court can re-appreciate the

    evidence and arrived to an independent conclusion but the same

    should not be done as a matter of routine until compelling

    circumstances exists to take a different view. In the case in hand,

    though appellants were charged for an offence under Section 307

    alongwith other charges and the learned trial court did not find

    sufficient evidence to convict them and rather acquitted them

    from charge under Section 307 of IPC.

    11. Supreme Court in the case of Rajendra Prasad v. State of

    Bihar, (1977) 2 SCC 205 observed in paragraph 13 as under –

    13. When a trial court, with full view of the witnesses,
    acquits an accused after disbelieving direct
    testimony, it will be essential for the High court, in
    an appeal against acquittal, to clearly indicate
    firm and weighty grounds, from the record, for
    discarding the reasons of the trial court in order to be
    able to reach a contrary conclusion of guilt of the
    accused. The High Court should be able to point out
    in its judgment that the trial court’s reasons are
    palpably and unerringly shaky and its own reasons
    are demonstrably cogent. As a salutary rule of
    appreciation of evidence, in an. appeal against
    acquittal, it is not legally sufficient that it is just
    possible for the High Court to take a contrary view
    about the credibility of witnesses but it is absolutely
    imperative that the High Court convincingly finds it
    well-nigh impossible for the trial court to reject their
    9

    testimony. This is the quintessence of the
    jurisprudential aspect of criminal justice.

    12. In the case of Bhim Singh v. State of Haryana, (2002) 10 SCC

    461, Hon’ble Supreme Court thus held in para 9 as under –

    “9. Before concluding, we would like to point out
    that this Court in number of cases has held that an
    Appellate Court entertaining an appeal from the
    judgment of acquittal by the trial court though
    entitled to re-appreciate the evidence and come to
    an independent conclusion it should not do so as a
    matter of routine. In other words, if from the same
    set of evidence two views are possible and if the
    trial court has taken one view on the said
    evidence, unless the Appellate Court comes to the
    conclusion that the view taken by the trial court is
    either perverse or such that no reasonable person
    could come to that conclusion or that such a
    finding of the trial court is not based on any
    material on record, it should not merely because
    another conclusion is possible reverse the finding
    of the trial court. [See : M/s. Mohanlal Hargovind
    Dass vs. Ram Narain & Ors. (1979 (3) SCC 279),
    State of Punjab vs. Balraj Singh
    alias Chhajju
    (1978 (3) SCC 129), State of Maharashtra vs.
    Wasudeo Ramchandra Kaidalwar
    (1981) (3) SCC

    199) and Ram Kumar Pandey vs. State of Madhya
    Pradesh
    (1975 (3) SCC 815)]. In the instant case
    also we find that the trial court had taken a view
    which the High Court has not held to be either
    perverse, unreasonable or a finding which is not
    based on evidence, still on re- appreciation of the
    evidence, the High Court came to a different
    conclusion which on facts of this case and on the
    basis of the ratio of the law laid down by this Court
    in the above cited cases cannot be sustained.”

    13. Hon’ble Supreme Court in the case of Chandrappa and ors. v.

    State of Karnataka, (2007) 4 SCC 415 laid down general

    principles relating to powers of the appellate Court while dealing
    10

    with the appeal against an order of acquittal and observed in para

    42 as under –

    42. From the above decisions, in our
    considered view, the following general
    principles regarding powers of appellate
    Court while dealing with an appeal against
    an order of acquittal emerge;

    (1) An appellate Court has full power to
    review, reappreciate and reconsider the
    evidence upon which the order of acquittal is
    founded;

    (2) The Code of Criminal Procedure, 1973
    puts no limitation, restriction or condition on
    exercise of such power and an appellate
    Court on the evidence before it may reach its
    own conclusion, both on questions of fact
    and of law;

    (3) Various expressions, such as,
    ‘substantial and compelling reasons’, ‘good
    and sufficient grounds’, ‘very strong
    circumstances’, ‘distorted conclusions’,
    ‘glaring mistakes’, etc. are not intended to
    curtail extensive powers of an appellate
    Court in an appeal against acquittal. Such
    phraseologies are more in the nature of
    ‘flourishes of language’ to emphasize the
    reluctance of an appellate Court to interfere
    with acquittal than to curtail the power of the
    Court to review the evidence and to come to
    its own conclusion.

    (4) An appellate Court, however, must bear
    in mind that in case of acquittal, there is
    double presumption in favour of the accused.
    Firstly, the presumption of innocence
    available to him under the fundamental
    principle of criminal jurisprudence that every
    person shall be presumed to be innocent
    unless he is proved guilty by a competent
    court of law. Secondly, the accused having
    secured his acquittal, the presumption of his
    innocence is further reinforced, reaffirmed
    and strengthened by the trial court.

    11

    (5) If two reasonable conclusions are
    possible on the basis of the evidence on
    record, the appellate court should not disturb
    the finding of acquittal recorded by the trial
    court.

    14. In light of the above principles laid down, facts of the case is

    examined. Star witnesses of the prosecution is PW-2/Lakhpatiya

    and PW-3/ Sonmati. They supported the case of the prosecution

    and stated that when they were going to collect the death

    certificate of their father on the way, the appellant/accused came

    holding iron rod, pipe in their hand and assaulted on their head

    and other parts of the body. The other witness PW-4/ Anita Das

    and PW-9/ Sukhmen came and interfered with them and

    separated them. PW-3/Sonmati was medically examined by PW-

    5/ Dr. P.S. Kerketta who found the following injuries sustained by

    her:

    (i) An incised wound on the right armpit, measuring 3×1 inch,

    extending upto the depth of the skin.

    (ii) She complained of pain throughout her body.

    The doctor opined that both the injuries could have been

    caused by a hard and blunt object. An X-ray of the head was

    advised to determine the nature of the injury.

    PW-2/ Lakhpatiya was also examined by PW-5/ Dr. P.S.

    Kerketta who found the following injuries sustained by her:

    (i) an incised wound on the right forehead, measuing 3×1 inch; an

    incised wound on the left forehead, measuring 3×2 inches; and

    an injury on the left temple, measuring ½ x 1 inch.

    12

    (ii) A swelling injury on the left hand, measuring 2×1 inch.

    (iii) Contusion and bluish discoloration on the left forearm

    measuing 5 x 2 inches, on the right forearm measuring 4 x 2

    inches, on the right arm measuring 4 x 3 inches, and a 3 x 2 inch

    injury mark below the joint of the left leg/knee.

    The doctor opined that all the above injuries could have

    been caused by a hard and blunt object. An X-ray of the head

    was advised to determine the nature of the injuries.

    15. The doctor in his cross-examination stated that when PW-2/

    Lakhpatiya and PW-3/ Sonmati were brought for medical

    treatment she was conscious and her injury was found to be

    superfacial, therefore, she was advised to go for an X-ray. The

    record does not indicate whether PW-2 and PW-3 sustained

    any fracture or internal injuries as a result of the incident. On

    assessment of the evidence available on record, the trial court

    the finding in paragraph 34 of its judgment after relying upon the

    judgment of Hon’ble Supreme Court in State of Maharashtra Vs.

    Balram Bama Patil, AIR 1983 SC 305, has held that, for an

    offence under Section 307 of IPC, it is not necessary that the

    injury caused by the accused should be sufficient in the ordinary

    course of nature to cause death. For an offence under Section

    307 of IPC, the intention of the accused is material, and the

    nature of the injuries may be of considerable assistance in

    determining such intention. In Harikishan Vs. Sukhveer Singh

    AIR 1988 SC 2127, the Hon’ble Supreme Court heas held that
    13

    the intention of the accused can be inferred from the

    circumstances of the case as a whole and not merely from the

    consequences of the act committed by the accused. The nature

    of the weapon used by the accused in committing the offence, the

    manner in which it was used, the motive of the accused for

    committing the offence, the force with which the blow was

    inflicted by the accused, the part of the body on which the injury

    was caused, and other such factors are relevant circumstances

    on the basis of which the intention of the accused can be inferred.

    found that to ascertain the motive and the manner in which the

    assault was made on which portion of the assault was made, the

    intention of accused can be determined.

    16. After deep assessment of the statements of witnesses PW-2/

    Lakhpatiya and PW-3/ Sonmati and also considering the

    statement of PW-5/ Dr. P.S. Kerketta, the learned trial court found

    that no X-ray or CT Scan documents were filed and proved

    before it and also gave a categorical finding that the injuries

    sustained by PW-2 would be dangerous to her life. The learned

    trial court also observed, that in the natural course whether the

    injuries sustained by her is sufficient to cause death. Such

    opinion or evidence is not available on record and ultimately

    found that PW-2 and PW-3 has not sustained any grievous injury

    which could be fatal to them. After assessing the sequence of

    event, the learned trial court found that under the previous enmity

    or rage, the assault was made. The intention of the
    14

    accused/appellant was only to cause injuries and not to cause

    death and found that the charge against the accused/appellant

    under Section 307 or 307/34 of IPC is not made out. However,

    found them guilty under Section 323/34 of IPC. The findings so

    recorded by the learned trial court appears to be reasonable and

    is based on proper appreciation of evidence.

    17. Though learned counsel for the appellant in acquittal appeal tried

    to pursuade this Court that injury may not be necessary to

    ascertain the intention but this Court is not pursuaded to accept

    this submission. In light of the discussion made hereinabove

    which clearly indicates that the appellants/accused could not be

    convicted under Section 307 of the IPC. Firstly, this court is

    exercising its jurisdiction in an appeal against an acquittal.

    Secondly, the material available on record clearly goes to show

    that if four-five people had any intention to cause the injuries to

    cause the death of PW-2 or PW-3, he must have cause grievous

    injuries to them. From the material available on record clearly it is

    quite vivid that there was some previous enmity amoung them

    and the intention of the accused/appellants was only to cause

    injuries and not death.

    18. In light of the judgments quoted hereinabove and the facts and

    circumstances of the case, this Court is not inclined to disturb the

    findings recorded by the trial court. Thus, we do not find any merit

    in the acquittal appeal and the same is hereby dismissed.

    19. Now, the question that arises for determination is whether the
    15

    conviction of the accused/appellant can sustain and whether they

    are entitled for acquittal. The evidence as already been discussed

    in the previous paragraphs with regard to the involvement of the

    accused which is quite vivid from the statement of PW-2 and PW-

    3. The injuries were duly proved by PW-5 and there is no

    occasion for this Court to disbelieve the statement of PW-2 and

    PW-3 which also finds corroboration by independent witness PW-

    4/ Anita Das. Thus, the conviction of the appellants, as stated

    above, does not appear to be perverse warranting interference by

    this Court.

    20. Now the question arises for consideration before this court is

    whether the sentence awarded to the accused/appellants can be

    reduced to the period already undergone by them?

    21. The Hon’ble Supreme Court in the case of Deo Narayan Mandal

    Vs. State of UP reported in (2004) 7 SCC 257 observed in

    paragraph 8 as under:

    “8.This brings us to the next question in regard
    to the reduction of sentence made by the High
    Court. In criminal cases awarding of sentence
    is not a mere formality. Where the statute has
    given the court a choice of sentence with
    maximum and minimum limit presented then an
    element of discretion is vested with the court.
    This discretion can not be exercised arbitrarily
    or whimsically. It will have to be exercised
    taking into consideration the gravity of offence,
    the manner in which it is committed, the age,
    the sex of the accused, in other words, the
    sentence to be awarded will have to be
    considered in the background of the fact of
    each case and the court while doing so should
    16

    bear in mind the principle of proportionality. The
    sentence awarded should be neither
    excessively harsh nor ridiculously low.”

    22. While determining the quantum of punishment various factors

    needs to be consider. Nature and gravity of offence, penalty

    provided for the offence, manner of commission of offence,

    proportionality between crime & punishment, character of the

    offender, age and sex of the offender, antecedents if any,

    possibility of reforms, impact of crime on society etc are some of

    the relevant consideration in determining the quantum of

    punishment. Court has to strike a balance between crime and

    punishment. Possibility of reform is an important mitigating factor

    while imposing appropriate sentence. Undue sympathy should

    not be given only because of long drawn pendency of criminal

    proceedings.

    23. In light of the above judgments, it is brought to the notice of this

    court that the accused Sanjay Gupta has remained in jail from

    22.11.2011 to 09.11.2012 (for 352 days), Raju Gupta has

    remained in jail from 22.11.2011 to 08.11.2012 (for 351 days),

    Raja Gupta has remained in jail from 22.11.2011 to 08.11.2012

    (351 days), Rajlal Gupta has remained in jail from 01.12.2011 to

    25.01.2012 (55 days), Guddi @ Sushila has remained in jail from

    22.11.2011 to 22.02.2012 (92 days).

    24. It is not brought to the notice that appellants were involved in any

    immoral activities. Nothing has been brought to the notice of this

    Court that appellant has misused liberty granted to them. It is not
    17

    a case that appellants had any criminal antecedent. The incident

    is of the year 2011 and the criminal appeal is pending since 2019.

    Taking into consideration above stated circumstances while

    maintaining conviction fo the appellants we are inclined to reduce

    the period of sentence already undergone by the

    accused/appellants. However, the fine amount imposed is

    undisturbed. The criminal appeal is partly- allowed.

    25. The appellants are reported to be on bail. Surety and personal

    bond earlier furnished at the time of suspension of sentence shall

    remain operative for a period of six months in view of the

    provisions of Section 481 of BNSS, 2023.

    26. Copy of this judgment be sent to trial court for information and

    necessary action.

            SD/-                                              SD/-
    
    (Parth Prateem Sahu)                              (Sachin Singh Rajput)
         JUDGE                                               JUDGE
    
    
    
    Madhurima
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here