2026:CGHC:6825 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 363 of 2009  Bisahan, S/o Devnath Rathore, aged about 60 years (at present aged about 69 years), Occupation – Agriculturist, R/o village Kanhari, Police Station Gaurella, District Bilaspur (C.G.)

---- Appellant Versus  State of Chhattisgarh Through : Police Station Gaurella, District Bilaspur (C.G.)

---- Respondent For Appellant : Mr. Dhirendra Prasad Mishra, Advocate For Respondent : Ms. Subha Shrivastava, P.L.

Hon'ble Smt. Justice Rajani Dubey (Judgment on Board)

06.02.2026

1. This appeal arises out of the judgment of conviction and order of sentence dated 20.04.2009 passed by the Additional Sessions Judge, Pendra Road, District Bilaspur (C.G.), in S.T. No.375/2004, whereby the learned Additional Sessions Judge convicted and sentenced the accused/appellant as under :-

CONVICTION SENTENCE Under Section 307 IPC R.I. for 07 years with fine of Rs.500/-, in default of payment of fine amount additional R.I. for 06 months.

Under Section 324 of IPC R.I. for 06 months.

2. The prosecution story, in brief, is that on 06/04/2002 at around 7.00 AM, complainant Mohan (PW-1) along with younger brother Mulchand (PW-4) and nephew Kishan (PW- 6) went to his agricultural field situated at Village Kanhari for ploughing. At the relevant time, present accused/appellant Bisahan, and other co-accused persons namely Khujwa @ Mohan, Vijay, Chanda, Durani, Geeta Bai and Semwati came to field & accused Bisahan, Khujwa along with Chandra Kumar Sharma and Budhu Gond of the village started cutting the babul tree standing on the mount of the field. The said act of the accused persons was resisted by complainant Mohan (PW-1) and told them not to cut the babul tree. The accused/appellant Bisahan being angered with the act of complainant Mohan, assaulted him on his neck with tangia (axe). Semwati, wife of accused/appellant Bisahan, assaulted Mohan (PW-1) with sickle on his left arm and thigh. Accused Khujwa assaulted with club on left leg. When Mulchand, younger brother, and Kishan, nephew of complainant Mohan, came to his rescue, accused/appellant Bisahan assaulted Mulchand with tangia on his left leg, other co-accused Geeta Bai and Chanda Bai assaulted on left arm with club and made Kishan to run away. Durign the said incident, Saklu, the father of complainant Mohan (PW- 1) also came to his rescue, he too was assaulted by co- accused Semwati on his left leg with sickle resulting in injuries to complainant and other injured persons. The complainant lodged a report of the incident at the police station. Pursuant to the said report, the complainant (PW-1) and other injured persons (PW-4 and PW-5) were medically examined. Tangia (axe) was seized from accused/appellant Bisahan. Sicke was seized from co-accused Semwati, club made of beshram tree was seized from co-accused Chanda Bai. Club was seized from co-accused Khujwa and lathi was seized from co-accused Geet Bai. A spot map of the place of occurrence was prepared and statements of witnesses were recorded.

3. After completion of usual investigation, charge-sheet was filed against the appellant and other co-accused persons for the offence under Sections 147, 148, 149 and 306 of IPC. After filing of charge-sheet, the trial Court framed charges against co-accused persons namely Geeta Bai, Chanda Bai, Durani, Khujwa @ Mohan, Khemwati and the accused/appellant herein under Sections 148, 307, 149 of IPC.

4. So as to hold the co-accused persons and appellant guilty, the prosecution examined as many as 15 witnesses. Statements of the co-accused persons and present accused/appellant were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.

5. The trial Court, after hearing counsel for the respective parties and considering the material available on record while acquitting all the accused persons of the charge under Section 148 of IPC, co-accused