2026:CGHC:1229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 569 of 2016

1. Sundarsay S/o Late Mukhi Bargah Aged About 55 Years R/o Village Tiwaragudi, Pandripani, Police Station Ramanujnagar, Civil And Revenue District Surajpur, Chhattisgarh., Chhattisgarh

2. Moharsay Gond S/o Ghuran Singh Aged About 45 Years R/o Village Tiwaragudi, Pandripani, Police Station Ramanujnagar, Civil And Revenue District Surajpur, Chhattisgarh., District : Surajpur, Chhat-

tisgarh ... Petitioner(s)

versus •

State Of Chhattisgarh Through Station House Officer, Police Of Po- lice Station Ajak Surajpur, District Surajpur, Chhattisgarh., Chhattis-

garh ---- Respondent For Appellant : Ms. Shivali Dubey, Advocate For Respondent : Mr. R.C.S. Deo, Panel Lawyer Hon'ble Shri Arvind Kumar Verma, Judge

Order on Board

08/01/2026

1. Today, no one appeared on behalf of the appellants when the matter was called out. This Court therefore requested for assistance from a counsel of the High Court Legal Service Committee. Ms. Shivali Dubey, Advocate, has been nominated to assist the Court.

2. I have gone through the judgment under appeal and the depositions of witnesses and exhibits assisted both by Ms. Shivali Dubey through the High Court Legal Services Committee and learned State Counsel. In view of (2014) 14 SCC 222 (Surya Baksh Singh Vs. State of Uttar Pradesh), I do not consider it necessary to adjourn this case and issue fresh notice to the appellants as their interest has been duly taken care of by nominating another counsel from the High Court Legal Services Committee.

3. This criminal appeal has been filed under Section 374 (2) of Cr.P.C.

by the appellant against the judgment of conviction and order of sen- tence dated 06.04.2016 passed by the learned Special Judge, SC&ST (Prevention of Atrocities) Act 1989 Surajpur District Sura- jpur, in Special Session Trial No. 83/2013, whereby the appellants have been convicted and sentenced as follows:-

4. The prosecution case, in brief, is that the complainant, Jadunath Singh, had earlier deposed as a witness against the accused persons in another criminal case. Being aggrieved and enraged by the said act, on the intervening night of 05.03.2008 at about 12:00 midnight, the accused persons, armed with lathis, sticks, iron crowbars and other deadly weapons, went to the house of the complainant and started knocking at the door while hurling obscene and caste-based abuses, and threatened that since the complainant had testified against them in Court, he would not be spared alive. Upon hearing the commotion, when the complainant opened the door, all the accused persons forcibly entered the house and assaulted the complainant by using fists, kicks and iron crowbars, while continuing to abuse him. Accused Kalamsai (since deceased) struck the complainant with an iron rod, which the complainant attempted to ward off with his hand, resulting in fracture of his left hand. When the complainant’s wife, Premabai, intervened to rescue him, the accused persons also assaulted her with fists and crowbars, causing injuries to her hand. The accused persons forcibly removed cash amounting to ₹3,000/- from a trunk kept inside the house of the complainant and, while leaving, again threatened that if the complainant dared to depose against them in any case in future, he would be killed. Thereafter, on 06.03.2008, the complainant Jadunath lodged a written report regarding the said incident at Police Station Ajak, Surajpur. On the basis of the said report, Rojnamcha Sanha No. 115/08 dated 06.03.2008 was registered, and the injured complainant Jadunath Singh and his wife Premabai were sent for medical examination to Community Health Centre, Surajpur. Subsequently, FIR No. 06/2008 was registered against the accused persons and invest