2026:CGHC:8913 Digitally signed by RAVVA UTTEJ KUMAR RAJU NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 578 of 2009

1 - Sita Ram S/o Ram Charan Sahu, aged about 59 years, R/o Village-

Chirchari, P.S. Gurur, District- Durg (C.G.).

2 - (Died and Deleted) Panchu Ram as per Honble Court Order Dated- 01-

04-2025.

... Appellants Versus State of Chhattisgarh, through Station House Officer, Police Station : Gurur, District : Durg (C.G.)

... Respondent (Cause title is taken from CIS Software.)

For Appellants : Mr. Vidya Bhushan Soni, Advocate on behalf of Mr. B.P. Singh, Advocate.

For State : Mr. Himanshu Yadu, P.L.

Hon’ble Smt. Justice Rajani Dubey, J.

Judgment on Board

19.02.2026

1. The appeal under Section 374(2) of Code of Criminal Procedure, 1973 has been preferred against the impugned judgment of conviction and order of sentence dated 25.07.2009 passed by the learned Additional Sessions Judge (FTC) Balod, District- Durg (C.G.) in Sessions Trial No. 42/2008 whereby the appellants have been convicted and sentenced as under:-

Conviction Sentence U/S 325/34 of R.I. for 02 years and 06 I.P.C. months with fine amount of Rs. 300/-, in default of payment of fine to undergo R.I. for 02 months each.

(Fine amount has been deposited.)

2. Brief facts of the case are that on 03.06.2007 at about 7:00 a.m., the complainant, Chitrarekha Bai, resident of Village Chirchari, went to her agricultural field where she questioned accused Sitaram about cutting a tree from her land. Thereupon, Sitaram, along with his son Gasuram and son-in-law Panchuram, acting in furtherance of their common intention, abused her. When her husband Balwant intervened, the accused persons assaulted both Chitrarekha Bai and her husband with sticks and threatened to kill them. The complainant suffered injuries to her right foot, left knee, finger, and right wrist, whereas her husband also sustained injuries to his right leg, waist, and arm. Thereafter, the complainant Chitrarekha Bai lodged report against the accused persons at the Gurur Police Station and on the basis of the same, the police of Gurur Police Station registered a First Information Report vide Ex. P/01 under Crime No. 167/2007. The police arranged for Chitrarekha’s medical examination and obtained X-ray imaging of her injuries. During the course of the investigation, a spot map of the incident was prepared vide Ex. P/10. A bamboo stick and an acacia stick (babool stick) were recovered from the possession of the accused, Sitaram and Gasuram, respectively, and seizure memos were prepared and marked as Exs P-2 and P-3. The seized sticks were subsequently sent to a doctor for examination, and the query reports were marked as Exs P-5 and P-8. Statements of all the witnesses were recorded during the investigation.

3. After completion of due and necessary investigation, charge-sheet was filed before the Court of the Judicial Magistrate First Class, Balod (C.G.) and the case was committed to the learned Additional Sessions Judge (FTC) Balod, District Durg (C.G.) for offence under Sections

294, 506-B, 323 and 307/34 of IPC.

4. The prosecution in order to bring home the offence, examined as many as 07 witnesses. Statement of the accused/appellants was also recorded under Section 313 of Cr.P.C. wherein they denied all the incriminating circumstances appearing against them and pleaded innocence and false implication in the case. However, no witness has been adduced in their defence.

5. Learned trial Court after completion of trial and upon appreciation of oral and documentary evidence, by its impugned judgment, convicted and sentenced the appellants as mentioned in the opening paragraph of this judgment. Hence, this appeal.

6. Learned counsel for the appellants submits that the order of conviction and sentence given by the learned Trial Court is bad-in-law as well as facts on record. The learned trial Court has failed to appreciate the delay of 14 months and more than one month belated MLC and X-Ray report, thereafter the learned trial