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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
TORAN BANJARE – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
CRA/1535/2019
2024:CGHC:46516 Digitaly signed by ANKIT A KN UMKI AT R KUMARSINGH SINGH D 20a 2te 4: .11.30 NAFR
17:08:22 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1010 of 2019 (Arising out of judgment dated 21.06.2019 passed in Sessions Trial No.02/2018 by the Additional Sessions Judge, Khairagarh, District Rajnandgaon, Chhattisgarh.)
Ravi Kumar Tandan S/o Suresh Kumar, aged about 24 years, Caste – Satnami, R/o Village Rengakathera, Outpost – Jalbandha, Police Station – Khairagarh, District –
Rajnandgaon, Chhattisgah.
---- Appellant versus State of Chhattisgarh, through Outpost – Jalbandha, Police Station – Khairagarh, Crime No. 303/2017, District –
Rajnandgaon, Chhattisgarh.
---- Respondent For Appellant :- Mr. Ashesh Kumar, Advocate, on behalf of Mr. Abhishek Pandey, Advocate.
For Respondent-State :- Mr. R.S. Marhas, Additional Advocate General.
CRA No. 1080 of 2019 Khem Singh S/o Late Meghuram, aged about 23 years, Caste Lodhi, R/o Village Rengakathera, Police Chowki Jalbandha, Police Station Khairagarh, District-
Rajnandgaon, Chhattisgarh.
----Appellant Versus State of Chhattisgarh, through – Station House Officer, Police Chowki Jalbandha, Police Station Khairagarh, District – Rajnandgaon, Chhattisgarh.
---- Respondent For Appellant :- Mr. Vivek Singhal, Advocate.
For Respondent-State :- Mr. R.S. Marhas, Additional Advocate Geneal.
CRA No. 1535 of 2019 Toran Banjare S/o Bahursingh, aged about 32 years, Caste – Satnami, R/o Village – Kekrajbod, Chowki Jalbandha, P.S. - Khairagarh, District – Rajnandgaon, Chhattisgarh.
----Appellant Versus State of Chhattisgarh, through O.P. - Jalbandha, P.S. -
Khairagarh, District – Rajnandgaon, Chhattisgarh.
---- Respondent For Appellant :- Ms. Pooja Loniya, Advocate For Respondent-State :- Mr. R.S. Marhas, Additional Advocate General.
Division Bench Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board (27.11.2024)
Sanjay K. Agrawal, J
1. Since all the three appeals have been arisen out of the common impugned judgment dated 21.06.2019 passed by the Additional Sessions Judge, Khairagarh, District Rajnandgaon, Chhattisgarh, in Sessions Trial No.02/2018, they have been clubbed together, heard together and are being decided by this common judgment.
2. Assail in the present criminal appeals filed under Section
374(2) of the CrPC preferred by the sole appellant in CRA No.1535/2019 namely Toran Banjare (A-1); sole appellant in CRA No.1010/2019 namely Ravi Kuman Tandan (A-2) and the sole appellant in CRA No.1080/2019 namely Khem Singh (A-3), is to the legality, validity and correctness of the judgment dated 21.06.2019 passed by the Additional Sessions Judge, Khairagarh, District Rajnandgaon, Chhattisgarh in Sessions Trial No.02/2018 by which they have been convicted and sentenced as under:-
Conviction of A-1
Sentence of A-1
Under Section 376 of the IPC
Imprisonment for life with fine of ₹ 1,000/- and in default of payment of fine amount to undergo additional simple imprisonment for 6 months.
Under Section 506 Part II read with Section 34 of the IPC
Rigorous imprisonment for 7 years ₹ with fine of 500/- and in default of payment of fine amount to undergo additional simple imprisonment for 3 months.
Under Section 67 of the Information Technology Act, 2000 (for short “I.T. Act”).
Rigorous imprisonment for 3 years ₹ with fine of 300/- and in default of payment of fine amount to undergo additional simple imprisonment for 2 months.
All the sentences were directed to run concurrently.
Conviction of A-2 & A-3
Sentence of A-2 & A-3
Under Section 67 of the Information Technology Act, 2000 (for short “I.T. Act”).
Rigorous imprisonment for 3 years ₹ with fine of 300/- each and in default of payment of fine amount to undergo additional simple imprisonment for 2 months.
Prosecution story:-
3.
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