NAFR HIGH COU RT OF CHHATTISGARH, BILASPUR CRR No. 802 of 2014  Neeraj Singh Kshatriya S/o . Shri Chatur Singh Kshatriya Aged About 44 Years R/o. Ward No.1, Near High School, Baradwar, Distt.

Janjgir-Champa C.G., Chhattisgarh ---- Applicant Versus  State Of Chhattisgarh S/o Through The Distt. Magistrate, Janjgir-

Champa C.G., Chhattisgarh ---- Respondent (Cause-title taken from Case Information System)

For Applicant : Mr. Alok Kumar Dewangan along with Mr.

Deepak Kumar Singh, Advocate For Respondent : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

08.05.2024

1. Heard Mr. Alok Kumar Dewangan along with Mr. Deepak Kumar Singh, learned counsel appearing for the applicant. Also heard Mr. Mr. Sakib Ahmed, learned Panel Lawyer, appearing for the respondent / State.

2. The present revision has been iled by the applicant with the following prayers:

“It is therefore prayed that, this Hon’ble Court may kindly be pleased to set aside the judgment of the conviction of Trial court merged with the judgment of the Appellate court and may kindly be pleased to acquit the applicant in the interest of justice.”

3. The present criminal revision has been iled by the applicant against the judgment dated 29.10.2014 passed by the Second Additional Sessions Judge, Janjgir in Criminal Appeal No.84/2014, airming the judgment dated 26.06.2014 passed by the Chief Judicial Magistrate, Janjgir, in Criminal Case No.246/14, whereby the CJM has convicted and sentenced the applicant in the following manner:-

Conviction Sentence U/s. 420 of the IPC R.I. For 2 years and Fine of Rs.1000/- in default of fine amount additional S.I. for 1 month.

U/s. 467 of the IPC R.I. for 5 year and fine of Rs.5000/-

additional S.I. for three months.

U/s 468 of the IPC R.I. for 4 years and fine of Rs.2000/-

additional S.I. for two months.

u/s. 471 of the IPC R.I. for 5 years and fine of Rs.5000/-

additional S.I. for three months.

U/s 409 of the IPC R.I. for 5 years and fine of Rs.3000/-

additional S.I. for two months.

U/s 120(B) of the IPC R.I. for 3 years and fine of Rs.2000/-

additional S.I. for one month.

(All the sentences are directed to run concurrently)

4. The facts of the case, are that, the Police of Police Station Baradwar, registered Crime No. 219/2012 (Criminal Case No.135/2013) against the present revisioner / applicant for ofence U/s 420, 467, 468, 471,409 and 120 (B) of the I.P.C. Thereafter on 20/02/2013, the police arrested and produced the revisioner /applicant before Learned J.M.F.C. Sakti and sent him to Jail. The applicant pleaded innocence, thus trial was held. That, the learned Trial Court found prima facie case against the accused applicant and thus framed charges under section U/s 420, 467, 468, 471,409 and 120 (B) of the I.P.C.. The applicant pleaded not to be guilty, hence prosecution evidence were recorded. Prosecution produced ifteen witnesses to further its case. The applicant examined witnesses to substantiate his claim of innocence. After hearing the arguments of both the counsel, the applicant was convicted for the ofence under section U/s 420, 467, 468, 471,409 and 120 (B) of the I.P.C. Thus being aggrieved by the Judgement of conviction dated 26/06/2014 in Criminal Case No. 246/2014, passed by Learned Chief Judicial Magistrate, Janjgir Champa, C.G. presided by Smt Mamta Shukla, the applicant preferred Criminal Appeal No. 84/2014 before the Learned Second Additional Sessions Judge, Janjgir, C.G. In which Learned Appellate court conirmed the judgement of Conviction under Section 420, 467, 468, 471,409 and 120 (B) of the I.P.C. The learned Court below relied upon the uncorroborated testimony of the Interested witness and on the basis of perverse indings, convicted the present applicant U/s 420, 467, 468, 471,409 and 120 (B) of the I.P.C.

5. Learned counsel for the applicant submits that the Courts failed to consider the statement of PW-4 Samaylal Yadav (Branch Manager of Jaljaipur Branch from were advice was prepared) who speciical