Digitally signed NAFR by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date:

2025.12.04

17:34:33 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment Reserved on: 07/10/2025 Judgment Delivered on: 04 /12/2025 CRA No. 1815 of 2024

1 - R. Ravi Kumar S/o R. Mohan Aged About 48 Years R/o Narayanpur, Post Pathra, P.S. Aaska, District Ganjam (Odisha)

2 - Rajkumar Das S/o Ramesh Das Aged About 22 Years R/o Purbokota, Post Kuntra, P.S. Korai, District Jajpur (Odisha)

3 - Shiba Rao S/o Ishwar Aged About 28 Years R/o Anchandhep, P.S. Surada, District Ganjam (Odisha)

4 - P. Ravi Kumar S/o P. Venkat Aged About 35 Years R/o Golapalli, P.S. Aaska, Post Khairiya, District Ganjam (Odisha)

5 - Mani Pradhan S/o Ganesh Pradhan Aged About 25 Years R/o Mundamal, Behind Dhal, Shahi Pani Tanki, Jajpur Road, P.S. And District Jajpur (Odisha)

... Appellant(s)

versus

1 - State Of Chhattisgarh Through The Police Station Bodhghat, District Bastar Chhattisgarh ... Respondent(s)

For Appellant (s) : Ms. Savita Tiwari, Advocate, and Mr. Siddharth Rathore, Advocate.

For Respondent(s) : Mr. Akhilesh Kumar, Govt. Advocate.

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

CAV Judgment

1. The present Criminal Appeal has been filed by the appellant under Section

415 (2) of the B.N.S.S. 2023, against the impugned judgment of conviction and sentence dated 06.09.2024 passed by Learned First Addl. Sessions Judge, Bastar, Place- Jagdalpur in Sessions Case No. 114/2021, whereby the appellants have been convicted and sentenced in the following manner:-

2. The case of the prosecution is that on 18.07.2021, in the night, the complainant Tilok @ Trilok Chand Shishodia (PW/3), after closing his shop Kumkum Jwellers situated at Sanjay Market, returning to his house along with Anita Kashyap (PW/14). They are having golden ornaments and cash amount of their shop. Near Kali Badi School, two persons came there in the motor cycle, restrained the complainant and started altercation with them. At that time, some other persons have also came and in order to commit loot, they made two round of gunshot fire on the complainant by which he received injuries on his left hand and right leg. The accused persons looted the golden ornaments and cash of Rs. 60,000/- and ran towards Jagdalpur. On the report made by the complainant, dehatinalsi (Ex-P/4) was recorded on 18.07.2021 itself. The complainant was sent to Maharani Hospital Jagdalpur for his treatment, where he was treated by (PW/20) Dr. Abhishek Bhargaw who found multiple injuries of gunshot fire over the body of the complainant and gave his report (Ex-P/32). The complainant was referred for X-Ray and CT-scan to the radiologist and orthopedic surgeon. On the basis of dehatinalsi, the FIR (Ex-P/3) was registered against unknown persons for the offence under Sections 341, 307, 394, 397, 34 of IPC and Sections 25 and 27 of Arms Act. From the spot, fired cartridge, fired bullet, one Jupiter scooty, broken mirror of Jupiter scooty, red chilly powder, blood stain and plan soil have been seized vide seizure memo (Ex-P/1). From the complainant one jeans pant, one sando baniyan, one full shirt and one pink napkin have been seized vide seizure memo (Ex-P/2). Spot map (Ex-P/32) was prepared by the Police. The photography of the spot was also done and the photographs (Article 1 to 4) have been taken. The police has also seized the bedhead ticket of the complainant from Maharani Hospital Jagdalpur which are (Ex-P/38, P/389 and P/40) and X-Ray reports are (Ex-P/36 and Article 2 and 3). During the investigation, the memorandum statement of accused R. Ravi kumar was recorded on 18.08.2021 which is (Ex-P/6), the memorandum statement of accused Raj Kumar Das (Ex-P/7), memorandum statement of Shiva Rao (Ex-P/8), memorandum statement of P. Ravi Kumar (Ex-P/9), memorandum statement of Mani Pradhan (Ex-P/23) were recorded on 13.09.2021. Based on the memorandum statement of R.Ravi Kumar, 29 golden rings, 4 golden Jhalar, 2 golden locket, 5 golden mangalshutra, 18 golden leaves, 19 gol