2025:CGHC:45157-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved for orders on : 19.08.2025 Order passed on : 04.09.2025 CRA No. 330 of 2015

1 - Prahlad Sahu And Anr. S/o Pushtam Sahu Aged About 24 Years R/o Raigariha Chowk, Kotba, Police Station Bagbahara, Civil And Revenue District Jashpur, Chhattisgarh, Chhattisgarh

2 - Yadumani Sahu @ Jadu S/o Bansidhar Sahu Aged About 38 Years R/o Tilgodapara Kotba, Chowki Kotba, Police Station Bagbahara, Civil And Revenue District Jashpur, Chhattisgarh, District : Jashpur, Chhattisgarh ... Appellants versus

1 - State Of Chhattisgarh S/o Through Station House Officer, Police Station Kharsiya, District Raigarh, Chhattisgarh, Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Appellants : Ms. Indira Tripathi, Advocate For State : Mr. Afroj Khan, Panel Lawyer (Division Bench)

Hon’ble Smt. Justice Rajani Dubey Hon'ble Shri Justice Amitendra Kishore Prasad C.A.V. Order Per; Amitendra Kishore Prasad, Judge

1. Challenge in this appeal is to the judgment of conviction and sentence dated 12.02.2015, passed in Session Trial No. 07 of 2011, whereby learned Additional Sessions Judge, Raigarh, District – Raigarh convicted appellants for offence under Section 450 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for 07 Digitally signed by SHAYNA KADRI years and fine of Rs. 5,000/-, in default of payment of fine to further undergo 05 month rigorous imprisonment and under Section 394 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life and fine of Rs. 5,000/-, in default of payment of fine to further undergo 05 month rigorous imprisonment. Both the sentences will run concurrently.

2. Facts relevant for disposal of this appeal are that, the present case arises from a serious and alarming incident of armed robbery that took place in the morning of 22.01.2010, in Kharsiya, District: Raigarh, Chhattisgarh. The complainant, Deepak Agrawal, is a resident of Mohapali Road, Kharsiya, and he resides there with his family. According to the prosecution, on the said date, at around 5:00 AM, Vijay Agrawal, the father of the complainant, as part of his regular routine, left home for his usual morning walk. At that time, Deepak Agrawal and his mother (wife of Vijay Agrawal) were sleeping inside the bedroom. At approximately 6:00 AM, while both were still asleep, three unidentified individuals unlawfully entered their house and made their way into the bedroom. Upon seeing the intruders, mother of Deepak Agrawal immediately raised her voice and questioned them, asking “Who are you?”. This sudden noise woke up the complainant. To his utter shock, Deepak Agrawal saw three men standing inside his room, one of whom was armed with a country-made pistol. Before he could respond, one of the accused pointed the pistol at his chest, threatening him and thereby preventing any resistance or reaction. The situation became tense and dangerous as the complainant and his mother were rendered helpless under the threat of a firearm. Following the threats, the accused individuals looted the household, stealing various gold and silver ornaments, along with a significant amount of cash. The total value of the items stolen was approximately Rs. 4,00,000/- (Four Lakh Rupees). After executing the robbery, the accused fled the scene. However, during their escape, the accused left behind several important items of evidence. These included a red- colored bag, a helmet, and most significantly, a motorcycle bearing the registration number CG 13 H 3465. These items were found at or near the place of the incident and were later seized by the police as part of the investigation. Immediately after the incident, the matter was reported to the Police Station at Kharsiya, where a First Information Report (FIR) was lodged. The local police took cognizance of the offence and commenced investigation under the applicable provisions of the Indian Penal Code and the