2025:CGHC:59867 Digitally signed NAFR by ALOK ALOK SHARMA SHARMA D 20 a 2 te 5 : .12.09

1 + 8 0 : 5 4 3 0 0 :14 HIGH COURT OF CHHATTISGARH AT BILASPUR Jugment Reserved on : 28/10/2025 Judgment Delivered on: 09/12//2025 CRA No. 1560 of 2025

1 - Deepak Vishwakarma @ Sanam S/o Rajaram Vishwakarma Aged About 20 Years R/o Ward No. 2, Behind Sub Area Office Pouradhar, Police Station Ramnagar, District Anuppur, M.P.

2 - Dharamsai Chouhan S/o Sawan Chouhan Aged About 20 Years R/o Ward No. 2, Behind Sub Area Office Pouradhar, Police Station Ramnagar, District Anuppur, M.P. 3 - Shani Vishwakarma S/o Krishna Vishwakarma Aged About 18 Years R/o Ward No. 2, Behind Sub Area Office Pouradhar, Police Station Ramnagar, District Anuppur, M.P.

4 - Ajay Chouhan S/o Awadhesh Chouhan Aged About 28 Years R/o Ward No. 2, Behind Sub Area Office Pouradhar, Police Station Ramnagar, District Anuppur, M.P.

... Appellant(s)

versus

1 - State of Chhattisgarh Through The Officer-In-Charge Jhagarakhand, District :

Manendragarh-Chirmiri-Bharatpur, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. Hemant Kumar Agrawal, Advocate. For Respondent(s) : Ms. Laxmeen Kashyap, Panel Lawyer.

Hon'ble Shr i Justice Ravindra Kumar Agrawal, J.

CAV Judgment

1. The present criminal appeal has been filed by the appellants against the impugned judgment of conviction and sentence dated 14.07.2025 passed by learned Second Additional Sessions Judge, Manendragarh, District Korea in Sessions Case No. 79 of 2022, whereby the appellants have been convicted for the offence under Section 397 of IPC and sentenced for RI for 07 years with fine of Rs. 1,000/-, in default of payment of fine, further RI for 06 months.

2. The brief facts of the case are that on 02.07.2022 at about 11:30 p.m, when the complainant Akash Diwan PW-1 returning to his house after his duty from Beharabandh Colliery to Bijuri and going through village Ledari forest, 3 – 4 unknown persons standing on the road having danda in their hands and they assaulted the complainant by danda by which the complainant fell down on the road. Thereafter, they dragged him inside the jungle and looted his mobile phone, golden finger ring, silver chain, smart watch and purse in which the aadhar card, pan card and driving licence of the complainant was there. By the assault made by the accused persons, the complainant received injuries on his chest, left leg and shoulder. On 05.07.2022 the complainant lodged report to the police on which the FIR (Ex.P/1) for the offence under Section 394 of IPC has been registered against the unknown persons. The complainant was sent for his medical examination to Community Health Centre, Manendragarh, where PW-4 Dr. Archana Kumhare medically examined him and gave her report Ex.P/19. While examining the complainant the doctor has noticed immobility at left shoulder joint and brasses elbow support present at left ribs region.

3. The spot map Ex.P/2 was prepared by the police and Ex.P/5 was prepared by the Patwari. The police has seized the bills of smart watch, golden finger ring, silver chain and mobile phone from the complainant vide seizure memo Ex.P/4. During the course of investigation the accused persons were taken into custody on 06.07.2022 and the memorandum statement of the accused Deepak Vishwakarma @ Sanam (Ex.P/21), Dharamsai Chouhan (Ex.P/22) were recorded and based on their memorandum statement one mobile phone and one wooden danda has been seized from the accused Deepak Vishwakarma @ Sanam vide seizure memo Ex.P/11, from the accused Surajdas one pair of silver anklet has been seized vide seizure memo Ex.P/7, from the accused Saifuddin Sheikh one golden ring has been seized vide seizure memo Ex.P/8, from the accused Dharamsai Chouhan one smart watch has been seized vide seizure memo Ex.P/9, from the accused Ajay Chouhan one silver chain has been seized vide seizure memo Ex.P/10, from the accused Shani Vishwakarma RC book of motorcycle No. CG 16CE9913, aadhar card, pan card and driving licence of the