2025:CGHC:61273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1460 of 2025

1 - Akil Das S/o Late Mangal Das Aged About 40 Years R/o Kishunpur Police Station Darima, Present R/o Bakirma, Police Chowki Manipur, Police Station Am-

bikapur, District Surguja Chhattisgarh ... Appellant(s)

versus

1 - State Of Chhattisgarh Through Police Station Manipur, Ambikapur, District Surguja Chhattisgarh ---- Respondent (Cause title taken from Case Information System)

For Applicant : Mr. Prasoon Agrawal, Advocate.

For Respondent : Ms. Priya Sharma, P.L.

Hon'ble Shri Arvind Kumar Verma, Judge Judgment on Board

16/12/2025

1.

With the consent of learned counsel for the parties, the present revision is being heard and disposed off.

Digitally signed by JYOTI JHA Date:

2025.12.20 13:19:44 +0530 2.

This criminal revision is directed against the judgment dated 30.06.2025 passed by the learned 4^th Additional Sessions Judge, Ambikapur District Sarguja in Criminal Appeal No. 42/2024 (Annexure A/1), affirming the judgment dated 28.08.2024 passed by the Judicial Magistrate First Class, Ambikapur District Sarguja Chhattisgarh in Criminal Case No. 72/2021, whereby the learned JMFC, Ambikapur District Surguja has convicted the applicant and sentenced as under:

Conviction Sentence Section 323 of IPC S.I. for 3 months (twice) and fine of Rs.

500/- (twice), in default of payment of fine, 10 days additional S.I.

Section 325 of IPC S.I. for 1 year and fine of Rs. 1500/-, in default of payment of fine, 15 days additional S.I.

Both the sentences shall run concurrently.

3.

The case of the prosecution in brief is that the incident pertains to 08.08.2020 at about 10:00 a.m. at Village Bakirma Karmitikra, at the house of the complainant, Kaushalya Das. On the said date, the complainant’s son-in-law, Akil Das, started abusing the complainant’s daughter, Panmeshwari, by hurling filthy and obscene abuses. When Panmeshwari objected to such abuses and asked him to desist, Akil Das threatened to kill her and assaulted her by fists, kicks, and a stick. During the course of the incident, when the complainant Kaushalya and her daughter Rajkumari intervened to rescue Panmeshwari, Akil Das also assaulted them with a stick. As a result of the said assault, Kaushalya sustained injuries on her left hand and on the left side of her waist, Panmeshwari sustained injuries on her right leg and shoulder, and Rajkumari sustained injuries on her left hand. All the injured persons were medically examined at the District Hospital, Ambikapur. Upon X-ray examination, the reports of injured Kaushalya Bai and Rajkumari revealed fractures of the radio-ulna bones of their left arms. After undergoing treatment, the injured Kaushalya Bai lodged a complaint regarding the said incident at Police Outpost Manipur, on the basis of which a Zero FIR bearing No. 0/2020 under Sections 294, 323, and 506 of the Indian Penal Code was registered. Since the place of occurrence fell within the jurisdiction of Police Station Ambikapur, the said Zero FIR was subsequently registered at Police Station Ambikapur as Crime No. 465/2020, and investigation was commenced. During the course of investigation, the injured persons were subjected to medical examination at the District Hospital, Ambikapur, and on the basis of the bed-head tickets and X-ray reports, sufficient evidence was found against the accused for commission of offences punishable under Sections 294, 323, 506, and 325 of the Indian Penal Code. Consequently, the accused was arrested in connection with the said offences, and upon completion of investigation, a charge-sheet was filed before the Court of the Chief Judicial Magistrate, Ambikapur, for trial of the accused.

4.

The learned JMFC Ambikapur District Surguja after appreciating oral and documentary evidence available on record vide judgment dated 28.08.2024 convicted the applicant for aforesaid offence in criminnal case No. 72/2021 and sentenced him as mentioned in opening paragraph of this order.

5.

Feeling aggrieved by th