2026:CGHC:7017 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 831 of 2016 Jugdhar Mourya S/o Sukaluram Mourya Aged About 38 Years R/o Village Mundagaon, P.S. Bhanpuri, Revenue And Civil District Bastar, Chhattisgarh., Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Police Station Kotwali, District Bastar, Chhattisgarh.

---- Respondent For Appellant : Mr. Pravin Kumar Tulsyan &

Mr. Vikas Patel, Advocates For State/Respondent : Mr. Rishi Raj Pithawa, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Judgment On Board

09/02/2026

1. This appeal has been preferred by the appellant being aggrieved by the judgment of conviction and sentence dated 28.06.2016 passed in Sessions Trial No.32/2014 by the Third Additional Sessions Judge, Bastar, Place Jagdalpur (C.G.) whereby, the trial Court has convicted the appellant for the offence punishable under Section 324 of the Indian Penal Code, simple imprisonment for 01 year.

2. According to the case of prosecution in brief is that in the night of

06.02.2014 at about quarter to nine o'clock, the injured Rajendra was sitting and working in his office with his assistant Raghunath Nag, when suddenly the accused Jughar, husband of his house maid Mangala, entered the applicant's office with sharp iron weapons in both his hands. He came stealthily with a stick and hit the applicant on the head with the intention of killing him. Raghunath intervened and rescued him. The applicant's forehead started bleeding due to the injury caused by the blow. Raghunath caught hold of the accused and snatched the egg from his hand. On hearing the screams, the applicant's mother and his neighbours came. The applicant came to the hospital in his car and brought the accused in the same car and filed a police report and handed him over to the police.

3. Based on the applicant's report, complaint No. 0/14 under Section

307 of the Indian Penal Code was registered against the accused. It was registered as Crime No. 52/14 under Section 307 of the Indian Penal Code at the Kotwali Police Station, Jagdalpur. The injured was given medical treatment.

4. During the investigation, spot map was prepared and the blood stained shirt was seized. The statements of the injured Rajendra alias Raju, witnesses Raghunath, Smt. Magla Bai, Smt. Tilakam, Virendra Singh were recorded as per their instructions.

5. After completion of investigation, charge sheet was filed before the competent Court U/s. 307 of 1.P.C. and Sections 25, 27 of Arms Act.

6. The trial Court on the basis of charge sheet and material available on record, framed charge under U/s. 307 of IPC and Sectiomns 25, 27 of Arms Act. The accused/appellant abjured the charges and pleads. innocence and prayed for justice. The trial Court after taking evidence, perusal of record, vide its judgment dated 28.06.2016, convicted the appellant under Section 324 of I.P.C. and sentenced to as per mentioned in cause title of the memo of appeal, and acquitted to the appellant from the other charges framed against him. Hence, this appeal.

7. Learned counsel for the appellant would submit that he does not wants to press this appeal on merits and confines his argument to the sentence part only. He further submits that the incident is of the year 2014. Appellant is facing the lis from last 12 years. During trial, the appellant was in jail about 40 days and after conviction, he was in jail about 13 days, i.e, total he has undergone about 01 ½ months in this case and there is no previous antecedent of the appelalnt, therefore, it is prayed that the jail sentence awarded to the appellant may be reduced to the period already undergone by him.

8. Per contra, learned counsel for the State/respondent opposes the argument raised by counsel for the appellant, supported the impugned judgment and submits that sentence awarded by the trial Court is just and proper and requires no interference.

9. I have heard learned counsel appearing for the parties and perused the material available on record with utmos