2026:CGHC:2606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1194 of 2019 Toran Sahu S/o Late Nandkishore Sahu Aged About 25 Years R/o Village Pahanda, Police Station Berla, District Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh --- Applicant(s)

versus State Of Chhattisgarh Through Station House Officer, Police Station Berla, District Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh --- Respondent(s)

CRR No. 1165 of 2019

1 - Girvar Sahu S/o Keshoram Sahu Aged About 37 Years R/o Village Pahanda, Police Station- Berla, District- Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh

2 - Indra Kumar Sahu S/o Sitaram Sahu Aged About 48 Years R/o Village Bhathgaon, Police Station- Berla, District- Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ---Applicant(s)

Versus State Of Chhattisgarh Through The Station House Officer, Police Station, Berla, District- Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh --- Respondent(s)

For Applicant in CRR : Mr. Alok Kumar Gupta, holding the brief of No.1194/2019 Mr. Goutam Khetrapal, Advocate For Applicant in CRR : Mr. Sanjeev Kumar Sahu, Advocate.

No.1165/2019 For Respondent/State : Ms. Sameeksha Gupta, Panel Lawyer.

Digitally signed by PREETI PREETI KUMARI KUMARI Date: Hon'ble Shri Ramesh Sinha, Chief Justice

2026.01.16

18:02:24 Judgment on Board +0530

15/01/2026

1. Mr. Sanjeev Kumar Sahu, learned counsel for the applicant in CRR No.1165/2019, respectfully submitted that during the pendency of the criminal revision, the appellant, namely Girvar Sahu, expired on 31.05.2025. He has also filed a copy of the death certificate of the said appellant, which is taken on record. Consequently, the present revision, to the extent it relates to the deceased appellant, stands infructuous in accordance with law.

2. These criminal revisions are directed against the judgment dated

13.09.2019 passed by the Additional Sessions Judge Bemetara, District - Bemetara (C.G.) in Criminal Appeal Nos.16/2015, 17/2015 and 18/2015, affirming the judgment dated 03.03.2015 passed by the Chief Judicial Magistrate, Bemetara, District Bemetara (C.G.) in Criminal Case No.1075/2013, whereby the learned JMFC has convicted the applicant for offence under Section 409/34 of the IPC and sentenced to undergo RI for 03 years with fine of Rs.5,000/- (each), in default of the payment of fine to further undergo RI for 03 months.

3. Case of the prosecution, in brief, is that during the relevant period from 01.11.2012 to 15.02.2013, the accused persons were working in different capacities at Sewa Sahakari Samiti, Sarda, Sub-Center, Achholi. Accused Girvar Sahu was Head of Coolie, accused Indra Kumar Sahu was working as Fad In-Charge, and accused Toran Sahu (applicant) was engaged in issuance of receipts. On receipt of a complaint regarding misappropriation of paddy, the Collector, Bemetara ordered an enquiry, pursuant to which a joint inspection was conducted on 20.05.2013 by the Food Officer, Food Inspector, and Cooperative Extension Officer. During inspection, it was found that the Samiti had purchased a total of 52,842 quintals of paddy, out of which 14,559.05 quintals were sent to the rice mill and 36,986.40 quintals to the collection center, whereas 1,296.55 quintals of paddy, which ought to have been in stock as per computer records, were missing. It was alleged that the accused persons, in furtherance of their common intention, misappropriated the said quantity of paddy by preparing forged and fabricated documents, thereby committing offences under Sections 420, 409, 467, 468, 471 read with Section 34 of IPC. After investigation, charge-sheet was filed, and upon trial, the accused were convicted under Section 409/34 IPC, which conviction was later affirmed by the appellate court. Hence, the revisions.

4. Learned counsel for applicants jointly submit that they are not pressing these revisions as far as it relates to conviction part of impugned judgment and is confining their argument to the quantum