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2026:CGHC:17068

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16.03.2026 15.04.2026 -- 15.04.2026

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

Judgment reserved on : 16.03.2026 Judgment delivered on : 15.04.2026

CRA No. 874 of 2007

1 – Harishankar, S/o Banshidhar Chauhan, aged about 23 years, R/o

Village- Darri, Police Station- Dabhara, District- Janjgir Champa (C.G.).

... Appellant

versus

1 - State of Chhattisgarh, Through: Police Station- Dabhara, District-

Janjgir Champa (C.G.).

... Respondent(s)

For Appellant : Mr. P.K. Patel, Advocate For Respondent(s)/ State : Mr. Himanshu Yadu, P.L.

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Hon'ble Smt. Justice Rajani Dubey

CAV Judgment

1. This appeal under Section 374(2) of Cr.P.C. has been filed by the

appellant against the judgment of conviction and order of sentence dated 11.09.2007 passed by learned Additional Sessions Judge, Sakti, District- Janjgir- Champa C.G., in Sessions Case No. 232/2006 whereby the trial Court convicted

the appellant and sentenced him as under:-

2. The prosecution case, in brief, is that the complainant, Piluram

Chauhan, a resident of Village Churabhantha within the jurisdiction of Police Station Dabhra, is engaged in agriculture. It is

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alleged that on 18.08.2004, his house was subjected to theft and one Ashok Chauhan was suspected in connection therewith. Subsequently, the complainant’s son, Hemant Chauhan, along with co-villagers Shankarlal and Jawahar, went in search of Ashok Chauhan, whereupon a dispute arose, which was later amicably settled. This fact was duly informed to the complainant by his son Hemant. Thereafter, it is alleged that Grahan Chauhan encountered Ashok Chauhan in Village Porsapali and instigated a dispute. Further, it is stated that Bedaram Chauhan, father of Grahan Chauhan and a resident of Village Churabhantha, summoned his son Kantilal to Korba in a Sumo vehicle, and also called Sounilal along with his father-in-law Tiharu Ram from

Village Acharitpali.

On 26.08.2004 at about 9:30 PM, the accused persons,

namely Harishankar Chauhan, Bedaram Chauhan, Chandresh, Diwakar Sahu, Kantilal, Sounilal, Grahan Chauhan and Tiharu Ram, allegedly formed an unlawful assembly, trespassed into the house of the complainant after breaking open the door and assaulted Hemant Chauhan. It is further alleged that they forcibly abducted Hemant Chauhan and took him away in a Sumo vehicle. It is also stated that Shankarlal and his wife, Budeshwari Bai, had already been forcibly seated in the said vehicle and all three persons were taken away to an unknown place. The complainant has expressed apprehension that the abducted persons, namely Hemant Chauhan, Shankarlal and Budeshwari Bai were subjected

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to assault and possibly murdered and their bodies disposed of at an undisclosed location. The incident occurred during the course of the assault and forcible abduction from the complainant’s residence. Immediately thereafter, the complainant lodged a report at Police Station Dabhra at about 1:00 AM, which was registered by the Station House Officer, A.K. Tiwari and investigation was commenced. Upon completion of investigation, a charge sheet was filed before the Court of the Commissioner at Sakti, from where the case was committed to the Court of Sessions at Bilaspur. Subsequently, the Sessions case has been transferred to this Court for proper adjudication in accordance with law. Learned trial Court framed the charges against the appellant under Sections 147, 323, 457, 365, 367 read with Section 149 of

IPC, to which appellant abjured his guilt and claimed to be tried.

3. In order to substantiate the charges against the

accused/appellant, the prosecution examined as many as 18 witnesses. The statement of the accused/appellant was recorded under Section 313 of the Code of Criminal Procedure, wherein all incriminating circumstances appearing against him in the prosecution evidence were put to