2026:CGHC:2740 The date The date The date when the judgment is uploaded on when the when the the website judgment is judgment is reserved pronounced Operative Full - 16-01-2026 - 19-01-2026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1019 of 2007 Krishna @ Dablu S/o Shri Ramchhabile, aged about 25 years, Occupation Business of Vegetables, R/o Gautam Nagar, Khursipar, Bhilai, Police Chowki-Khursipar, PS Chhawni, Distt. Durg (CG)

--- Appellant versus State Of Chhattisgarh through SHO Chhawni, Distt. Durg.

--- Respondent CRA No. 165 of 2008 Sarjan @Sarvan @Sharvan Singh aged 25 years, S/o Late Dase R/o Gautam Nager, Khursipaar, Bhilai, Distt. Durg (CG)

--- Appellant Versus State Of Chhattisgarh Through Police Station Khursipar.

--- Respondent CRA No. 1151 of 2007

1 - Rajesh @ Loha Singh S/o Rameshwar Singh Aged About 28 Years, Profession - Mazdoor

2 - Vinod Singh S/o Rameshwar Singh Aged About 20 Years Profession – Leath Operator Both R/o.-Gautamnagar, Khurshipar, Bhilai, P.O.-Khursipar, District :

Durg, Chhattisgarh --- Appellants Versus State Of Chhattisgarh through Station House Officer, Police Station Chhaoni, Post Office Bhilai, Distt. Durg (CG)

--- Respondent For Respective Appellants : Mr. Arvind Kumar Dubey, Mr. Aman Tamrakar and Mr. Anurag Jha, Advocates For Respondent/State : Mr. Avinash Singh, Govt. Advocate.

Hon'ble Smt. Justice Rajani Dubey, J Judgment On Board

16/01/2026 Since all these appeals arise out of the judgment of conviction and order of sentence dated 17.10.2007 passed by V Additional Sessions Judge, Durg in ST No.134/2006, they are being disposed of by this common judgment. By the impugned judgment, appellants Rajesh and Sarjan were convicted under Sections 307, 394 & 397 of IPC and appellants Vinod Singh and Krishna were convicted under Sections 307/34 and 394 of IPC. Considering the fact that Section 397 of IPC is aggravated form of offence u/s 394 of IPC, therefore, keeping in view the provisions of Section 71 of IPC, appellants Rajesh and Sarjan Singh were sentenced only u/s 307 & 397 of IPC. Thus, the sentence awarded to the appellants is as under:

All the sentences were directed to run concurrently.

02. Case of the prosecution, in brief, is that on 26-01-2006 at about 8:00 p.m., the complainant Vinay Kumar Chauhan was going to his friend’s house on foot. The accused persons intercepted Vinay near Gautam Nagar and assaulted him with deadly weapons i.e. knife and khukhri and robbed him of Rs.5,000 kept in his pocket. The complainant was sent to the hospital located in Bhilai Sector-I by his father. After preliminary medical examination, considering the nature of his injuries, he was admitted to Jawaharlal Nehru Hospital, Sector-9. At the said hospital, the complainant lodged the First Information Report regarding the incident, which was recorded in writing in the form of a Dehati Nalishi (Exhibit P-16). During the course of investigation, on 27- 01-2006, the accused persons were taken into custody and interrogated. On the basis of the information given by the accused, one knife was seized from accused Rajesh alias Loha Singh vide seizure memo Ex.P-5, and one khukhri was seized from accused Sarjan alias Sarvan Singh vide seizure memo Ex. P-6. Further, cash of Rs.1,000/- was seized from accused Rajesh alias Loha Singh vide seizure memo Ex. P-5; Rs.700/- from accused Sarjan alias Sarvan Singh vide seizure memo Ex. P-6; Rs.400/- from accused Vinod Singh vide seizure memo Ex. P-7; and Rs.1,300/- from accused Krishna alias Dablu vide seizure memo Ex. P-8. Thus, a total amount of Rs.3,400/- was recovered. During investigation, statements of the complainant and witnesses were recorded, and the spot map of the place of occurrence was prepared. After completing the remaining investigation, the charge- sheet was presented before the Court of the Chief Judicial Magistrate, Durg on 17-03-2006.

03. Learned trial Court framed charges under Sections 307, 394, 397 of IPC against all the accused persons and accused Rajesh