2025:CGHC:33967-DB NAFR Digitally signed by ANURADHA ANURADHA TIWARI TIWARI Date: HIGH COURT OF CHHATTISGARH AT BILASPUR

2025.07.18

18:41:15 +0530 CRA No. 216 of 2024

1 - Motiram Chauhan Alias Guddan Chauhan S/o Ramlal Chauhan Aged About 23 Years R/o Achritpali Thakur Devta Chowk, PS-

Malkharoda, Distt- Janjgir- Champa, CG

2 - Purshottam Chaauhan Alias Nanki Chauhan S/o Ramlal Chauhan Aged About 22 Years R/o Achritpali Thakur Devta Chowk, PS-

Malkharoda, Distt- Janjgir- Champa, CG ... Appellants versus State of Chhattisgarh Through Station House Office, Malkharoda, Distt-

Janjgir- Champa, CG ... Respondent (Cause-title taken from Case Information System)

For Appellants : Mr. Varun Sharma, Advocate For Respondent-State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

18.07 .2025

1 Heard Mr. Varun Sharma, learned counsel for the appellants as well as Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State/respondent.

2 This criminal appeal filed by the appellants/accused under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 21.12.2023 passed by the learned First Additional Sessions Judge, Sakti, District Janjgir-Champa (C.G.) in Sessions Trial No.27 of 2021, by which the appellants has been convicted for the offence punishable under Section 302/34 of the Indian Penal Code, 1860 (for short, “IPC”) and sentenced to undergo imprisonment for life and fine of Rs.2,000/-, in default of payment of fine amount, additional rigorous imprisonment for one year to each of the appellant.

3 It is an admitted fact that due to the death of accused Ramlal Chauhan, the proceedings against him had abated vide order dated

02.09.2023 before the trial Court.

4 The case of the prosecution, in brief, is that the informant Sajan Chauhan (PW-2) lodged a report at Police Station Malkharoda to the effect that on 28.03.2021, at about 10:15 PM, accused Motiram @ Guddan along with three to four of his companions from another locality was taking away wood belonging to the family of Sanjay Chauhan, which was kept near the Shiva Temple, for the purpose of burning in Holika Dahan. When the informant objected, the companions of Guddan Chauhan agreed and desisted, but Guddan Chauhan started threatening the informant and began pushing him. The informant narrated the incident to his uncle, Bali Chauhan (since deceased), over the phone. Subsequently, Guddan went to his house and returned near the temple with his brother Nanki Chauhan, carrying a stick. Guddan again threatened the informant and pushed him with the stick. The informant’s uncle Rakesh Chauhan intervened and rescued him. Guddan thereafter, started abusing the informant’s mother and sister and also abused his brother Nanki. The informant, along with his uncle Bali Chauhan, started going towards their house, and again informed Bali Chauhan of the events over the phone. In the meantime, Bali Chauhan arrived at the scene along with his friends Ramkumar Yadav and Dinesh Chandra. Despite that, Guddan continued hurling abuses at the mother and sister of the informant. Bali Chauhan confronted Guddan in the lane in front of Lakhiram Chauhan’s house and questioned him about his abusive behavior.

5 It is further case of the prosecution that at that relevant time, Guddan’s father Ramlal Chauhan arrived with a stick and assaulted Bali Chauhan. Guddan also stated that he would kill Bali, pulled out a sharp- edged weapon from his waist, i.e. knife and assaulted Bali with the help of said knife. Nanki Chauhan joined in the assault with a stick, causing grievous injuries to Bali, who started bleeding profusely. When the informant tried to intervene and support Bali, Ramlal Chauhan and Nanki Chauhan assaulted him as well. The informant’s grandmother Lalabai Chauhan (PW-7) also arrived to