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25.08.2025 21.11.2025 -- .11.2025 HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment reserved on: 25.08.2025 Judgment delivered on : 21.11.2025 CRA No. 152 of 2007

1 - Chhote Lal S/o Sukul Pando Aged About 20 Years Village-Jilibandh, P.S. Khadgawan, District-Koriya (C.G.)

2 - Chhakke Lal S/o Sukul Pando Aged About 25 Years Village-

Jilibandh, P.S. Khadgawan, District-Koriya (C.G.)

3 - Sukhiram S/o Sukul Pando Aged About 27 Years Village-Jilibandh, P.S. Khadgawan, District-Koriya (C.G.)

4 - Sukhnandan @ Bhodal S/o Kanhai Pando Aged About 19 Years Village-Jilibandh, P.S. Khadagawan, Distt-Koriya (C.G.)

5 - Ransai S/o Somar Sai Aged About 24 Years Village- Badar Narkeli, P.S. Patna, District- Koriya(C.G.)

... Appellants versus

1 - State of Chhattisgarh Through: Station House Officer, Police Station-

Khadgawa, District- Korea (C.G.)

... Respondent(s)

For Appellants : Ms. Savita Tiwari, Advocate For Respondent(s)/State : Ms. N.K. Kashyap, P.L.

Hon’ble Smt. Justice Rajani Dubey

C A V Judgment

1. The present appeal under Section 374(2) of the Code of Criminal Procedure has been filed against the judgment of conviction and order of sentence dated 29.12.2006 passed by the learned 1^st Additional Sessions Judge, Manendragarh, District Koriya (C.G.) in Sessions Trial No. 129/2006, whereby the trial Court has convicted the appellants and sentenced them as under:-

2. The prosecution case, in brief, is that the complainant- Dirpal, resides in Village Ganeshpur and works as a farmer. He also runs a grocery shop from his residence. In the night intervening 11.04.2006–12.04.2006, at about 1:30–2:00 a.m., while he was sleeping in his house, some unidentified persons allegedly opened the door and entered the courtyard armed with swords. They inquired as to whether he had kept money in the house. When the complainant woke up, one of the assailants attempted to strike him with an axe, but he caught hold of the axe handle. Thereafter, another assailant tried to assault him near the neck with a sword. All four persons then forcefully took him to the courtyard and, while threatening to kill him, allegedly committed dacoity and looted Rs.3,500/- in cash and other household articles. The complainant lodged a report of the incident at Police Station Khadgawa the following morning.

On the basis of his report, a crime was registered at Police Station Khadgawa and investigation was undertaken. During investigation, the police inspected the scene of occurrence and prepared a site map. During interrogation, the accused persons confessed to having taken the aforementioned items from the complainant’s house during the robbery. Accordingly, their memorandum statements were recorded and on the basis of their disclosure statements, the said stolen property was seized. During the identification proceedings conducted in the presence of witnesses, the complainant and his wife identified the seized articles as belonging to them and also identified the accused persons as those who had committed the offence. Statements of the witnesses were recorded and, upon completion of investigation and finding sufficient material against the accused persons, a charge sheet was filed before the Court of Judicial Magistrate First Class, Manendragarh, on 18.05.2006. The learned trial Court framed charges for the offence punishable under Sections 450, 395 and 398 of IPC, to which the appellants abjured their guilt and prayed for trial.

3. So as to hold the accused/appellants guilty, the prosecution examined as many as 10 witnesses. Statements of the accused/appellants were also recorded under Section 313 of Cr.P.C. in which they denied all the incriminating circumstances appearing against them and pleaded innocence and false implication in the case. However, in their defence, no evidence was adduced by them.

4. Learned trial Court upon ap