NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.17 of 2011 Satish @ Bittu Shrivastava, Aged about 19 Years, S/o Prabhulal Shrivastava, R/o Vill. Asna, Nayapara, Near Hand Pump, P.S. Kotwali, Jagdalpur, Distt.-Bastar (C.G.).

---- Appellant Versus State of Chhattisgarh, through District Magistrate Jagdalpur, Bastar (C.G.).

---- Respondent -----------------------------------------------------------------------------------------------

For Appellant : Mr. Keshav Dewangan, Advocate For Respondent-State : Ms. Sunita Sahu, Panel Lawyer -----------------------------------------------------------------------------------------------

Hon'ble Shri Arvind Kumar Verma, Judge Judgment on Board

18.03.2024

1. The appellant has filed the instant appeal under Section 374 (2) of the Code of Criminal Procedure, 1973, (henceforth ‘the Cr.P.C.') questioning the judgment of conviction and order of sentence dated 28.12.2010 passed in Sessions Trial No.16/2009 by which the learned Sessions Judge (Atrocities), Bastar, Jagdalpur (C.G.) in, whereby the trial Court has convicted and sentenced the appellant as under :

2. According to case of the prosecution, on 11.08.2008 at about 02:30 PM, the complainant- Sonadhar was at the ‘ration shop’ and was having a kerosene oil container. The appellant was also present there. The kerosene oil split over the appellant for which there was an altercation between the appellant and the complainant. During the course of altercation, the appellant abused the complainant naming his caste, threatened him of dire consequences also assaulted and thrown him nearby a cycle due to which, the complainant suffered injuries in his fingers of both hands and on face. Thereafter, FIR was lodged by the complainant (Ex.P/1). The complainant was sent for treatment at Maharani Hospital, Jagdalpur and conducted medical examination (Ex.P/6). Statement of witnesses was recorded under Section 161 CrPC. After completion of investigation, charge-sheet was filed by the police and the trial Court framed the charges aginst the appllant punishable under Sections 294, 323, 506, 325 of the IPC and Section

3(i)(x) of the SC/ST Act.

3. To prove the guilt of the accused/appellant, the prosecution has examined as many as 08 witnesses. Statements of the appellant under Section 313 of the Cr.P.C. were recorded, wherein accused/appellant has pleaded his innocence and false implication in the matter.

4. After completion of trial, the trial Court convicted and sentenced the appellants as mentioned in paragraph one of this judgment. Hence, this appeal.

5. Learned counsel appearing on behalf of the appellant submits that he does not wants to press this appeal on merits and confines his argument to the sentence part only. He further submits that the appellant was on bail during trial and he never misused the liberty granted to him by the trial Court. After conviction, the learned trial Court has released the appellant on bail to enable him to get an order from this Court. He further submits that the incident is of the year 2008. The appellant is facing lis since 2008. Therefore, it is prayed that the jail sentence awarded to the appellant may be reduced to the period already undergone by him.

6. Per contra, learned counsel for the State/respondent opposes the argument raised by counsel for the appellant, supported the impugned judgment and submits that sentence awarded by the trial Court is just and proper and requires no interference.

7. I have heard learned counsel appearing on behalf of the parties and perused the material available minutely.

8. Complainant- Sonadhar (PW-5) has stated in his examination-in-

chief that on the date of incident, he had gone to kerosene shop along with his child. While he was taking kerosene oil from the ration shop, some kerosene oil from his box fell on the ha