2026:CGHC:8585 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 284 of 2003

1 - Laxamaniya S/o Ram Singh, aged 25 years, resident of Golpahari Tatanagar, P.S. Jugsarai, Bihar at present Jharkhand.

2 – Ballu alias Balram S/o tulsi Mali, aged 35 years, resident of Golpahari Tatanagar, P.S. Jugsarai, Bihar at present Jharkhand.

... Appellants versus State of Chhattisgarh through P.S. Torwa, Bilaspur, District-

Bilaspur. (C.G.) ... Respondent For Appellants : Mr. Rajat Agrawal, Advocate For Respondent/State : Mr. Vinod Tekam Govt. Advocate Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board

17.02.2026

1. The present criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973, has been filed by the appellants against the impugned judgment of conviction and sentence dated 19.02.2003 passed by the learned Additional Sessions Judge, Bilaspur, in Sessions Case No. 133/2002, whereby the RAHUL DEWANGAN appellants have been convicted and sentenced in the following Digitally signed by RAHUL DEWANGAN manner :-

Conviction Sentence Under Section 450 of Rigorous Imprisonment for the Indian Penal Code. 05 years with fine amount of Rs. 1000/-, in default of payment of fine further Rigorous Imprisonment for

03 months.

Under Section 394 of Rigorous Imprisonment for the Indian Penal Code. 05 years with fine amount of Rs. 1000/-, in default of payment of fine further Rigorous Imprisonment for

03 months.

(Both the sentences will run concurrently)

2. The brief facts of the case are that, in the intervening night of

17.12.2001–18.12.2001, the complainant, Vivek Agrawal (PW- 2), was sleeping in his house along with his family members at about 3:00 a.m., the complainant heard the noise of knocking at the door, by which the door of the house was broken, and four persons entered into his house and demanded the golden and silver ornaments and cash amounts. One of them also broke the telephone wire and assaulted the complainant with a danda, the accused persons also assaulted his sister Reena Agrawal and his mother Pushpa Agrawal, by which they also received injuries on their heads. The accused persons started searching for the ornaments and cash by opening almirahs and boxes, they looted the ladies’ wristwatches of his mother and sister, cash amount, golden and silver ornaments, silver coins, silver necklace, bangles, metal bangles, and golden tops, and after committing the robbery and assaulting them, they fled away. The complainant, Vivek Agrawal (PW-2), immediately lodged the FIR (Ex. P-1) on 18.12.2001 at about 3:30 a.m. at Police Station Torwa, Bilaspur, an offence under Section 394 of the IPC was registered against the four unknown accused persons. The injured Vivek Agrawal was sent for medical examination to Government Hospital, Bilaspur, where he was medically examined by PW-1, Dr. Lakhhan Singh, who gave his report (Ex. P-1), while medically examining the complainant, the doctor noticed one lacerated wound on his left arm and one linear abrasion on his left forearm and opined that the injuries were simple in nature, caused by a hard and blunt object. The other injured persons, Smt. Pushpa Agrawal (PW-3) and Reena Agrawal (not examined), were also sent to Government Hospital, Bilaspur, for their medical examination, where they were examined by PW-5, Dr. Anjali Chippade, who gave the MLC reports (Ex. P-8 and Ex. P-9), respectively, while medically examining the injured PW-2, Smt. Pushpa Agrawal, the doctor noticed multiple linear abrasions, six and seven in number, over the inner aspect of the left forearm and left elbow joint, which were simple in nature, and while examining Reena Agrawal, the doctor noticed contusion and abrasion on the right side of the forehead, which were simple in nature.

The police party who were on patrolling were informed about the incident, and the patrolling party arrested two accused persons, i.e., Laxmania and Ballu @ Balram (present appellants), and the present appellants were taken to the police statio