Chandrika And Ors vs State Of Chhattisgarh on 18 March, 2026

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    Chattisgarh High Court

    Chandrika And Ors vs State Of Chhattisgarh on 18 March, 2026

    Author: Rajani Dubey

    Bench: Rajani Dubey

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                                                            2026:CGHC:12835-DB
    
    
         The date       The date     The date when the judgment is uploaded on
         when the       when the                     the website
     judgment is     judgment is
         reserved    pronounced
    
                                         Operative                  Full
    
     06-02-2026         18-03-2026            -                    18-03-2026
    
                                                                           NAFR
    
               HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                        Judgment reserved on : 06-02-2026
                        Judgment delivered on : 18-03-2026
    
                               ACQA No. 19 of 2011
    
    
    1.      Khinuram S/o Hemram, aged about 50 years, R/o Village
    Munarbod, Tahsil Bemetara, District Durg (CG) (Died and deleted as
    per Hon'ble Court order dated 22.1.2026)
    
    
    2.      David S/o      Teekaram, aged about 23 years, R/o Village
    Munarbod, Tahsil Bemetara, District Durg (CG)
    
                                                                    ... Appellant
                                       versus
    1.      Chandrika, S/o Rajewa Satnami, aged about 38 years,
    2.      Deepak S/o Sejwa Satnami, aged about 33 years,
    3.      Bhagchand S/o Rajwa Satnami, aged about 31 years,
    4.      Subechand S/o Rajwa Satnami, aged about 41 years,
                                       2
    
    5.    Kamleshwar S/o Subechand Satnami, aged about 24 years,
    6.    Rameshwar S/o Subechand Satnami, aged about 26 years,
    7.    Chaindas @ Gullu S/o Bhuglu Satnami, aged about 46 years,
    
    
    All R/o Village Munarbod, Police Station Bemetara, District Durg (CG)
    
    
    8.    State Of Chhattisgarh Through the Police Station Bemetara,
    District Durg (CG)
                                                          ... Respondents
    
                            ACQA No.119 of 2020
    
    
    The State of Chhattisgarh Through The District Magistrate, Durg (CG)
    
                                                              ... Appellant
                                   versus
    1.    Chandrika, S/o Rajwa Sat., aged about 38 years,
    2.    Deepak S/o Kejwa Sat., aged about 33 years,
    3.    Bhagchand S/o Rajwa Sat., aged about 31 years,
    4.    Subechand S/o Rajwa Sat., aged about 41 years,
    5.    Kamleshwar S/o Subechand Sat., aged about 24 years,
    6.    Rameshwar S/o Subechand Sat., aged about 26 years,
    7.    Chaindas @ Gullu S/o Mugalu Sat., aged about 46 years,
    
    
    All R/o Village Munarbod, Police Station Bemetara, District Durg (CG)
    
    
                                                          ... Respondents
    
                            CRA No. 205 of 2010
    
    1.    Chandrika, S/o Rajawa Satnami, aged about 38 years,
    2.    Deepak S/o Kejawa Satnami, aged about 33 years,
    3.    Bhagchand S/o Rajawa Satnami, aged about 31 years,
    4.    Subechand S/o Rajawa Satnami, aged about 41 years,
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    5.     Kamleshwar S/o Subechand Satnami, aged about 24 years,
    6.     Rameshwar S/o Subechand Satnami, aged about 26 years,
    7.     Chaindas @ Gullu S/o Bhuglu Satnami, aged about 46 years,
    
    
    All R/o Village Munarbod, Police Station Bemetara, District Durg (CG)
                                                                ... Appellants
                                    versus
    The State Of Chhattisgarh Through Police Station - Bemetara, Distt.
    Durg (CG)
                                                               ... Respondent
    
    
    For Appellants in ACQA No.19/2011 : Mr. Amit Sahu, Advocate.
    For Appellant in ACQA No.119/20 & : Mr. Krishna Gopal Yadav, Dy.
    for State in ACQA No.19/11 and           Govt. Advocate.
    CRA No.205/10.
    
    For Appellants in CRA No.205/2010 & :    Mr.   Samir Singh and Mr. Rishi
    for   respondents/accused   in ACQA      Rahul Soni, Advocates.
    Nos.19/11 and 119/20.
    
    
                     Hon'ble Smt. Justice Rajani Dubey
                Hon'ble Shri Justice Radhakishan Agrawal, JJ
    
                                CAV Judgment
    
    
    Per Rajani Dubey, J
    
    

    Since all these appeals arise out of the judgment of conviction

    and order of sentence dated 9.3.2010 passed by the Additional

    SPONSORED

    Sessions Judge, Bemetara Distt. Durg in ST No.27/2009, they are

    being disposed of by this common judgment. By the impugned

    judgment, learned trial Court while acquitting the accused/appellants of
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    the charges under Sections 302/149, 324, 326/149, 294 & 506B of

    IPC, convicted them under Sections 304 Part II/149, 147, 148,

    323/149, 325/149 of IPC and sentenced as under:

    Conviction Sentence

    Under Section 304 Part II/149 of RI for 08 years, pay a fine of
    Indian Penal Code. Rs.3000/- and in default thereof to
    suffer additional RI for 03 months.

    Under Section 325/149 of Indian RI for three years, pay a fine of
    Penal Code. Rs.100/- and in default thereof to
    suffer additional RI for 01 month.

    Both the sentences were directed to run concurrently.

    02. Case of the prosecution, in brief, is that on 11.3.2009 at 15:00

    hours, when Ghanshyam was standing near Dheeraji Grocery Shop at

    Village Munarbod, the accused persons came there armed with club

    and axe, and in furtherance of their common object, started filthily

    abusing, threatening of life and assaulting David Kumar, Dinesh,

    Ghanshyam Pal, Leeluram, Neelkanth @ Shyam, Teekaram,

    Kheenuram & Sahinabai and caused them grievous injuries. As a result

    of injuries suffered by Ghanshyam, he died on 23.3.2009 at Medical

    College Hospital Raipur during treatment. On the complaint of David

    Kumar, the police registered offence under Sections 326, 149, 148,

    294, 323, 506B, 302 of IPC against the accused persons. The injured

    were got medically examined and the dead body was sent for

    postmortem after conducting inquest proceedings. Plain and
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    bloodstained soil were seized from the place of occurrence and

    statements of the witnesses were recorded. After completing

    necessary formalities of investigation, charge sheet was filed against

    the accused persons before the concerned jurisdictional Magistrate.

    03. Learned trial Court framed charges under Sections 147, 148,

    149, 294, 323, 324, 325, 326, 506B & 302 of IPC against the accused

    persons which were abjured by them and they prayed for trial. In order

    to substantiate its case the prosecution examined its witnesses.

    Statements of the accused were recorded under Section 313 of CrPC

    wherein they denied all the incriminating circumstances appearing

    against them in the prosecution case, pleaded innocence and false

    implication. In their defence, they examined total four witnesses.

    04. After hearing counsel for the respective parties and appreciation

    of oral and documentary evidence on record, the learned trial Court

    while acquitting the accused persons of the charges under Sections

    302/149, 324, 326/149, 294 & 506B of IPC, convicted them under

    Sections 304 Part II/149, 147, 148, 323/149, 325/149 of IPC and

    sentenced them as mentioned in the opening paragraph of this

    judgment.

    05. Aggrieved by the impugned judgment of acquittal, the injured

    Kheenuram and complainant David have filed ACQA No.19/2011 and

    the State has filed ACQA No.119/2020 for enhancement of the
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    sentence to the full term prescribed under the respective sections

    whereas the accused persons have filed CRA No.205/2010 challenging

    their conviction and seeking acquittal from all the charges.

    06. During pendency of ACQA No.19/2011, appellant Kheenuram

    died and hence the acquittal appeal in respect of this appellant stood

    abated and dismissed as such vide order dated 22.1.2026.

    07. Learned counsel for the appellant in ACQA No.19/2011 would

    submit that the learned trial Court was not justified in recording

    acquittal of the accused persons from the charges under Sections

    302/149, 324, 326/149, 294 and 506B of IPC in view of the specific

    evidence on record substantiating the said offence. As per the

    postmortem report it is clear that the the head injury suffered by the

    deceased Ghanshyam was sufficient in the ordinary course of nature to

    cause death, hence acquittal of the accused from the charge u/s 302 of

    IPC is bad in law. Further looking to the manner in which assault was

    made and the medical evidence which shows that there were three

    surgical stitched wounds over head of the deceased, it is a clear case

    of murder where the accused persons were having not only intention of

    causing such bodily injuries as would result in his death but also

    knowledge that such injuries are likely to cause his death. Learned trial

    Court ought to have questioned the doctor (PW-1) who stated about

    only one injury over head of the deceased which is contrary to the

    postmortem report, as to on what basis he stated so. In the present
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    case, the accused persons were the aggressor, who came to the place

    of occurrence fully armed with deadly weapons and in furtherance of

    their common object made fatal assault on the deceased and other

    persons. Thus, in view of the aforesaid oral and documentary evidence

    coupled with specific medical evidence, acquittal of the accused

    persons from the aforesaid charges is per se illegal and the impugned

    judgment deserves to be modified to the above extent.

    08. Learned counsel for the State in ACQA No.119/2020 would

    contend that the punishment awarded by learned trial Court to the

    accused is not commensurate with the gravity of the offence and they

    ought to have been awarded full term of the sentence prescribed for

    the respective offence as the fact of rioting that too being armed with

    deadly weapons has been proved beyond all reasonable doubt.

    Therefore, the circumstances of the case warrant imposition of full term

    sentence prescribed for the respective offence. He submitted that the

    accused chose vital parts of the bodies of injured persons for making

    assault and corresponding injuries were found by the examining doctor,

    therefore, in the facts and circumstances of the case, common

    intention and object of the accused are writ large and they ought to

    have been awarded full term of the sentence against their respective

    offences. Lastly he would submit that initially the dispute started with

    complainant David Kumar and he was assaulted. The other injured

    persons came for his rescue but the accused mercilessly started
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    assaulting them also, without there being any previous enmity with

    them. Therefore, looking to the brutal act of the accused persons, they

    deserve no leniency, rather deserve maximum sentence prescribed

    under the respective sections.

    09. Per contra, learned counsel for the accused/appellants submitted

    that the learned trial Court after minute appreciation of oral and

    documentary evidence on record has rightly acquitted the

    accused/appellant from the aforesaid charges and as such, there is no

    scope for interference by this Court in the finding of acquittal recorded

    by learned trial Court. They would submit that even otherwise it is a

    well settled principle of law when on the basis of material available on

    record two views are possible, the one favouring the accused should

    be adopted and that is what has been rightly done by the learned trial

    Court. As regards the quantum of sentence under Sections 304 Part

    II/149, 147, 148, 323/149, 325/149, in fact in view of the nature and

    quality of evidence adduced, the accused/appellants deserve to be

    acquitted of these charges also and being so, no question of

    enhancement of sentence under these sections arise.

    10. Learned counsel for the accused/appellants in CRA No.205/2010

    would submit that the impugned judgment of conviction and order of

    sentence is contrary to the evidence on record. There is no explanation

    offered by the prosecution as to why names of accused Chandrika and

    Deepak were not mentioned at the time of lodging of FIR (Ex.P/22) by
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    complainant David (PW-11). Further, PW-5 Teekaram, PW-8

    Neelkanth, PW-9 Leeluram, PW-10 Dinesh, PW-11 David, PW-12

    Kheenuram and the deceased Ghanshyam, the injured persons, were

    interrogated about the name of the assailants by the police at the time

    of preparing memo for their medical examination yet none of them

    named appellants Chandrika and Deepak. PW-3 Hariram, the so-called

    eyewitness, has also not named these appellants as assailants. They

    submit that the clubs seized from these appellants bear no bloodstain

    and further, no injury was found on their body which indicate that they

    were not involved in the crime in question.

    11. Learned counsel for the appellants further argued that as per

    prosecution case injuries caused to the deceased and others were by

    hard and sharp edged weapons i.e. club and axe but as per medical

    evidence, the injuries were caused by hard and blunt objects. Though a

    cut wound was found on the body of PW-12 Kheenuram and PW-13

    Teekaram but in their medical examination letters they stated to have

    been assaulted with club. Thus, there is glaring and blatant

    incompatibility in the medical and ocular evidence regarding the

    injuries sustained which makes the whole prosecution case doubtful.

    This apart, the prosecution has also failed to explain the injuries found

    on the body of the appellants No.3, 4, 5 & 7 which shows that the

    prosecution has suppressed genesis and origin of the occurrence and

    has thus not presented the true version. In the given facts and
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    circumstances of the case, learned trial Court ought to have held that

    in fact the injured persons were the aggressors, they assaulted

    appellants No. 3 to 7 with hard and sharp weapons and caused them

    fatal injuries, and in such a situation if they retaliated in their own

    defence, they were fully protected by law in their action. The

    prosecution has failed to prove its case against the appellants beyond

    all reasonable doubt and therefore, they deserve to be acquitted of all

    the charges by giving them benefit of doubt. Lastly they submitted that

    there was a counter case registered by the accused persons against

    the complainant party, therefore, in such an eventuality, the trial Court

    was required to try both the cases together but that has not been done

    in the present case.

    Reliance has been placed on the decisions of the Hon’ble

    Supreme Court in the matters of Halke and another Vs. State of MP,

    1998 SCC (Cri) 953; Moti Singh Vs. State of Maharashtra, (2002) 9

    SCC 494; State of MP Vs. Mishri Lal and others, (2003) 9 SCC 426;

    Babu Ram and others Vs. State of Punjab, (2008) 3 SCC 709; Nand

    Lal and others Vs. State of Chhattisgarh, (2023) 10 SCC 470; and

    Govind Mandavi Vs. State of Chhattisgarh, 2025 SCC OnLine SC

    2731.

    12. On the other hand, learned counsel appearing for the

    complainant and the State jointly opposing the aforesaid contention of

    the appellants would submit that the learned trial Court after proper
    11

    appreciation of oral and documentary evidence has rightly convicted

    the appellants by the impugned judgment. However, looking to the

    evidence on record and the manner in which assault was made by the

    appellants thereby causing death of Ghanshyam and grievous injuries

    to others, they have filed appeals challenging the acquittal of the

    appellants under Sections 302/149, 324, 326/149, 294, 506B of IPC as

    also seeking enhancement of the punishment awarded to them under

    Sections 304 Part II/149, 147, 148, 323/149 and 325/149 of IPC to the

    full term prescribed thereunder. Therefore, the appeal filed by the

    accused/appellants being devoid of any substance is liable to be

    dismissed.

    13. Heard learned counsel for the respective parties and perused the

    material available on record.

    14. As regards homicidal death of deceased Ghanshyam Pal, PW-11

    David lodged a report (Ex.P/22) categorically stated therein that on

    11.3.2009 at 15:00 hours when Ghanshyam was standing near

    Dheeraji Grocery Shop at Village Munarbod, the accused persons

    came there armed with club and axe, and in furtherance of their

    common object, started filthily abusing, threatening of life and

    assaulting David Kumar, Dinesh, Ghanshyam Pal, Leeluram,

    Neelkanth @ Shyam, Teekaram, Kheenuram & Sahinabai and caused

    them grievous injuries. This witness further states that at the instance

    of police, they took Ghanshyam and other injured to Govt. Hospital,
    12

    Bemetara and looking to their serious conditions, they were referred to

    Medical College Hospital Raipur where Ghanshyam died during

    treatment on 13.3.2009.

    15. PW-11 David & PW-3 Hariram have proved the inquest

    proceedings also. PW-8 Neelkanth, PW-9 Leeluram, PW-10 Dineshpal,

    PW-12 Kheenuram and PW-13 Teekaram Pal have also stated that

    Ghanshaym suffered injuries during fight, he was initially taken to Govt.

    Hospital, Bemetara and then referred to Raipur where during treatment

    he died.

    16. PW-1 Dr. AM Shrivastava states that on 11.3.2009 he medically

    examined injured Ghanshyam Pal and noticed a lacerated wound of

    size 2 ½ x 2 ½ x 2 ½ inch over his occipital region and opined that it

    could be caused by hard and blunt object. He advised for x-ray of the

    injury vide Ex.P/2.

    17. PW-16 Dr. RK Singh conducted postmortem of the deceased on

    13.3.2009 and noticed three surgical stitched wounds over head,

    contusion over right forearm and near right eye as also depressed

    fracture of frontal bone. In his opinion, death was due to cardio-

    respiratory failure as a result of head injury and its complications. His

    report is Ex.P/38. He denied the suggestion that all these injuries could

    be caused due to fall on ground.

    18. In view of the aforesaid uncontroverted oral, documentary and

    medical evidence, it can safely be inferred that deceased Ghanshyam
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    Pal died due to the injuries suffered by him in the above incident and

    as such, his death was homicidal in nature. Being so, the finding of

    learned trial Court holding the death of Ghanshyam homicidal in nature

    cannot be faulted with.

    19. PW-3 Hariram, PW-8 Neelkanth, PW-9 Leeluram, PW-10 Dinesh

    Pal, PW-11 David, PW-12 Kheenuram and PW-13 Teekaram Pal have

    categorically stated that on the day of Holi at around 3 pm, the

    accused/appellants armed with club, stick and crowbar came together

    and started assaulting them as a result of which they suffered injuries

    on various parts of the body. In cross-examination, PWs-9, 10 & 12

    admitted the suggestion that in respect of the same incident, a counter

    case was also registered against them.

    20. On 11.3.2009 Dr. AM Shrivastava (PW-1) examined the injured

    Dinesh Pal, Ghanshyam, Leeluram, Neelakth @ Shyam and Teekaram

    and found injury over their head which was caused by hard and blunt

    object, vide their medical reports of Ex.P/1 to P/5 respectively.

    According to the doctor, injury suffered by Dinesh Pal and Neelkanth

    was simple in nature and he advised for x-ray of the injury suffered by

    Ghanshyam, Leeluram and Teekaram. He also examined injured

    Kheenuram and found incised wound on left cheek and a bone deep

    cut wound on right elbow which were simple in nature, and a crushed

    wound on left little finger, for which he advised x-ray to ascertain its

    nature. His report is Ex.P/6. After receipt of x-ray reports of the
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    aforesaid injured persons, he opined that fracture was found in ulna

    bone of Leeluram and Neelkanth @ Shyam Kumar. There was also

    fracture of metacarpal bone of right hand of Neelkanth @ Shyam

    Kumar.

    He also examined injured David and found abrasions on right

    forearm, right shoulder, left hand and a bone deep crushed wound on

    right side of head. In his opinion, all these injuries were simple in

    nature. His report is Ex.P/8.

    21. On the same day, he also examined the accused/appellants and

    found that Kamleshwar sustained lacerated wound on occipital region

    which was simple in nature vide Ex.D/1; Bhagchand sustained cut

    wound on right arm, a bone deep cut wound on forehead and cut over

    lips and advised for x-ray of the injuries vide Ex.D/2. He states that the

    injury caused over head of Bhagchand was sufficient to cause his

    death. He also examined Rameshwar and noticed a bone deep

    crushed wound over occipital parietal region caused by hard and blunt

    object and advised for x-ray vide Ex.D/3. He admits that this injury was

    sufficient to cause his death. On examination of Subechand he found

    swelling over left elbow and a crushed wound over tempo-parietal

    region and advised for its x-ray vide Ex.D/4. He admits that the head

    injury was sufficient to cause his death. On examination of Chaindas

    he noticed a crushed wound on right side occipital region and acute

    pain in right shoulder as also contusion with swelling in right wrist.
    15

    These injuries were caused by hard and blunt object and he advised

    for x-ray of these injuries to ascertain its nature vide Ex.D/5. He states

    that the head injury was sufficient to cause his death.

    22. Learned trial Court minutely appreciated the oral and

    documentary evidence on record and found that in the incident which

    took place on 11.3.2009, the accused/appellants caused simple injuries

    to PW-8 Neelkanth and PW-10 Dinesh Pal by hard and blunt object

    and grievous injuries to Leeluram, Teekaram & Kheenuram. It is also

    clear from the evidence on record that the accused/appellants being a

    member of an unlawful assembly assaulted the injured persons in

    furtherance of their common object and during this process, injured

    Ganshyam Pal sustained grievous head injuries which led to his death

    after two days during the course of treatment. Thus, conviction of the

    accused/appellants u/s 147, 148, 323/149 and 325/149 of IPC

    recorded by the learned trial Court is just and proper and is hereby

    affirmed.

    23. So far as conviction of the accused/appellants u/s 304-II/149 of

    IPC is concerned, it is clear from the evidence of PW-1 Dr. AM

    Shrivastava that he found injury on head of injured Ghanshyam Pal on

    11.3.2009 and advised for x-ray. As per PW-16 Dr. RK Singh he also

    found injury on head of deceased Ghanshyam. Admittedly, he died two

    days after the incident on 13.3.2009. As per autopsy surgeon (PW-16),
    16

    cause of death was cardio-respiratory failure as a result of head injury

    and its complications.

    24. The Hon’ble Supreme Court in the matter of Halke and another

    (supra) observed in para 3 of its order as under:

    “3. We have gone through the judgments of both the courts and
    the relevant evidence. It is submitted by the counsel for the
    appellants that the prosecution has not properly explained the
    injuries found on the accused persons and the circumstances
    show that the deceased-party could have been the aggressors.
    The evidence of the injured witnesses also show that the two
    appellants with sticks inflicted some blows on the deceased as
    well as on the two witnesses. In this context the medical evidence
    becomes very relevant. The occurrence is said to have taken
    place on 15-4-1974. The injured-deceased was admitted in the
    hospital and the doctor found four contusions. One of them was
    on the head. Necessary treatment was given and an operation
    was also performed and unfortunately the deceased died on 22-4-
    1974. PWS 1 and 9 were also examined by the doctor and
    similarly he found some lacerated wounds and some abrasions.

    Therefore to that extent the medical evidence also corroborates
    the evidence of PWs 1 and 9. Taking all circumstances into
    consideration we find that there must have been a fight and it is
    difficult to hold that the appellants while inflicting stick blows had
    the knowledge that under the circumstances they were likely to
    cause the death of the deceased when they themselves have
    received the injuries at the hands of the prosecution party. Coming
    to the death of the deceased as noted already the medical
    evidence shows that the deceased was treated for nearly a week
    and an operation was also performed and he died only thereafter.

    17

    No doubt the injury on the head proved to be fatal after lapse of
    one week but from that alone it cannot be said that the offence
    committed by the two appellants was one punishable under
    Section 304 Part II IPC. The injuries found on the witnesses are
    also of the same nature and for the same they are convicted
    under Section 325 IPC. Having regard to the fact that the
    deceased died after one week the offence committed by them in
    respect of the deceased would also be the same, punishable
    under Section 325 IPC. In view of the peculiar facts and
    circumstances of this case we set aside the conviction of the
    appellants under Section 304 Part II IPC and the sentence of five
    years’ RI thereunder, instead we convict the appellants under
    Section 325 read with Section 34 IPC and sentence each of them
    to undergo nine months’ RI. The conviction under Section 325
    read with Section 34 IPC is confirmed but the sentence is reduced
    to nine months’ RI. Both the sentences shall run concurrently. The
    appeal is partly allowed.”

    25. In the present case also, the incident took place on 11.3.2009

    where both the parties assaulted each other and sustained similar

    injuries. A counter case was also lodged against the complainant party

    by the accused. PW-1 Dr. AM Shrivastava noticed head injury of

    Ghanshyam which proved to be fatal and led to his death two days

    after the incident on 13.3.2009 during treatment. The autopsy surgeon

    (PW-16) at the time of examination found fracture of frontal bone of

    size 3.5 x 1.2 cm. Leeluram and Teekaram also suffered head injury

    which was grievous in nature for which the accused persons are

    convicted u/s 325 of IPC. Thus, keeping in view the aforesaid judgment
    18

    of the Hon’ble Supreme Court, the manner in which the incident took

    place where deceased Ghanshyam sustained head injury and died two

    days after the incident during treatment, we are of the opinion that

    learned trial Court was not justified in holding the accused/appellants

    guilty u/s 304-II/149 of IPC and rather in the facts and circumstances of

    the case, the act committed by them makes them liable for conviction

    u/s 325/149 of IPC.

    26. As for the sentence u/s 325/149 of IPC, in the totality of facts and

    circumstances of the case, the fact that the incident took place way

    back in the year 2009; the accused/appellants also sustained injuries in

    this incident and filed a counter case against the complainant party;

    they were on bail during trial as also during pendency of this appeal

    and did not misuse the liberty; they have remained in jail for near about

    a year; we are of the opinion that no fruitful purpose would be served in

    sending them back to jail at this stage and ends of justice would be met

    if their substantive jail sentence u/s 325/149 of IPC is reduced to the

    period already undergone by them and are directed to pay fine of

    Rs.100/- with default sentence of 01 month.

    27. As regards the acquittal appeals filed by the injured victim as

    well as by the State; learned trial Court after close scrutiny of the

    evidence came to the conclusion that there is no specific evidence to

    show that the accused persons committed any obscene act to the

    annoyance of others and likewise, there is no clear evidence regarding
    19

    criminal intimidation by the accused. In this regard, the statements of

    the witnesses do not support each other and are at variance. Being so,

    the learned trial Court acquitted the accused of the charge u/s 294 and

    506B of IPC. Further, learned trial Court found that there is no cogent

    evidence to prove that the accused voluntarily caused grievous hurt

    using dangerous weapons or means, such as stabbing, shooting, fire,

    poison, or explosives and hence acquitted them of the charges u/s 324

    & 326 of IPC by giving them benefit of doubt.

    28. The Hon’ble Apex Court in the matter of Mallappa and Ors.

    Versus State of Karnataka, (2024) 3 SCC 544 has held in para 42 as

    under:-

    “42. Our criminal jurisprudence is essentially based on the
    promise that no innocent shall be condemned as guilty. All the
    safeguards and the jurisprudential values of criminal law, are
    intended to prevent any failure of justice. The principles which
    come into play while deciding an appeal from acquittal could be
    summarized as:-

    “(i) Appreciation of evidence is the core element of a
    criminal trial and such appreciation must be
    comprehensive–inclusive of all evidence, oral and
    documentary;

    (ii) Partial or selective appreciation of evidence may
    result in a miscarriage of justice and is in itself a
    ground of challenge;

    (iii) If the Court, after appreciation of evidence, finds
    that two views are possible, the one in favour of the
    accused shall ordinarily be followed;

    (iv) If the view of the Trial Court is a legally plausible
    20

    view, mere possibility of a contrary view shall not
    justify the reversal of acquittal;

    (v) If the appellate Court is inclined to reverse the
    acquittal in appeal on a re-appreciation of evidence, it
    must specifically address all the reasons given by the
    Trial Court for acquittal and must cover all the facts;

    (vi) In a case of reversal from acquittal to conviction,
    the appellate Court must demonstrate an illegality,
    perversity or error of law or fact in the decision of the
    Trial Court.”

    29. In light of the aforesaid judgment, if we examine the facts and

    evidence emerging in the present case, it is found that the learned trial

    Court minutely appreciated the oral and documentary evidence and

    acquitted the accused of the charges u/s 302/149, 324, 326/149, 294

    and 506B of IPC. We find no illegality or infirmity in this finding of

    acquittal. Thus, the acquittal appeal filed by the injured victim being

    without any merit is liable to be dismissed. As regards the acquittal

    appeal filed by the State seeking enhancement of punishment, since

    we have already converted the offence u/s 304-II/149 of IPC into

    325/149 of IPC and for the reasons stated above, reduced the

    sentence thereunder, this appeal also fails and is liable to be

    dismissed.

    30. In the result:

     ACQA Nos. 19/2011 and 119/2020 being without any substance

    are hereby dismissed.

     CRA No.205/2010 is allowed in part. While maintaining

    conviction of the accused/appellants u/s 147, 148, 323/149 &
    21

    325/149 of IPC, their conviction u/s 304-II/149 of IPC is altered

    into Section 325/149 of IPC. Under both Sections 325/149 of

    IPC, the substantive jail sentence of the accused/appellants is

    reduced to the period already suffered by them. However, they

    shall pay a fine of Rs.100/- each thereunder or else shall suffer

    additional RI for one month. The fine amount already deposited

    shall be adjusted accordingly.

    The accused/appellants are reported to be on bail,

    therefore, their bail bonds shall remain in operation for a period

    of six months from today by virtue of provisions of Section 481 of

    BNSS, 2023. The record of the trial Court along with copy of this

    judgment be sent back immediately to the trial Court concerned

    for compliance and necessary action.

                                      Sd/                                            Sd/
                                (Rajani Dubey)                              (Radhakishan Agrawal)
                                     Judge                                          Judge
             Digitally signed
    MOHD by   MOHD
           AKHTAR KHAN
    AKHTAR Date:
           2026.03.18
    KHAN   13:26:10
             +0530
    
    
    
          Khan
     



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