2026:CGHC:17066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 372 of 2017

1 - Jaipal Yadav S/o Jag Narayan Yadav, Aged About 40 Years R/o Handipara, Shivnagar, Post Office Raipur, Police Station Azad Chowk, Raipur, District Raipur, Chhattisgarh.

... Appellant versus

1 - State of Chhattisgarh Through The District Magistrate, Raipur, District Raipur, Chhattisgarh.

... Respondent(s)

For Appellant : Ms. Pooja Yadav appears on behalf of Mr. Shivendu Pandya, Advocate For Respondent(s)/State : Ms. Shubha Shrivastava, Panel Lawyer Hon’ble Smt. Justice Rajani Dubey Judgment On Board

15/04/2026

1. The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973, assailing the judgment of conviction and order of sentence dated 09.02.2017 passed by the learned Additional Sessions Judge, Raipur, District Raipur (C.G.) in Sessions Case No. 93/2013. By the said judgment, the appellant has been convicted for the offence punishable under Section 325 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs. 5,000/-. In default of payment of fine, the appellant has been directed to further undergo simple imprisonment for a period of one month.

2. The prosecution case, in brief, is that on 29.06.1990 at about 9:00 p.m., the complainant Vinod Tandon, was present at his dairy farm when he noticed Praveen Sahdecha passing by on his scooter. As Praveen approached near the dairy, he was allegedly intercepted by 2–3 persons. Upon observing the incident, the complainant came out onto the road and witnessed accused persons, namely Jogender, Kalu and Jaipal, restraining Praveen, hurling obscene abuses and forcibly demanding cash and a gold chain from him. It is alleged that under coercion, they attempted to extort an amount of Rs. 2,000/- along with the chain. When the complainant intervened and objected to the said acts, the accused persons allegedly released Praveen and turned upon the complainant, assaulting him. Accused Joginder is stated to have inflicted a blow on the complainant’s face with a brick, resulting in facial injuries. The complainant was pushed into a drain, thereby sustaining additional injuries on his knee, neck and other parts of the body.

3. It is further the case of the prosecution that accused Jogender forcibly took an amount of Rs. 2,000/- from the complainant’s pocket and thereafter fled from the spot. Thereafter, witnesses namely Chandraprakash, Raju and Lakshmi reached the place of occurrence, assisted the injured complainan, and took him to the police station, where he lodged a report vide Ex.P/1 regarding the incident. A written requisition for medical examination and treatment of the injured complainant was prepared vide Ex.P/4. The complainant was medically examined and treated on the basis of the said requisition. Owing to injuries sustained to his teeth, the attending doctor advised the complainant to undergo further examination by a dentist. Thereafter, on medical advice, the injured complainant was treated by a dentist and the prescription in this regard has been exhibited as Ex. P/5.

During the course of investigation, the Investigating Officer duly prepared a spot map, which has been exhibited on record as Ex.P/5. On 30.06.1990, a piece of brick was seized from the place of incident in the presence of witnesses and the seizure memo thereof was prepared vide Ex.P/2. Similarly, an iron rod was seized from the spot on 29.06.1990 and the corresponding seizure memo was marked as Ex. P/3. Statements of the prosecution witnesses were recorded and upon finding prima facie material against the appellant, he was arrested.

After completion of the investigation, a charge-sheet was filed before the Court of the Chief Judicial Magistrate, Raipur, where the case was registered as Criminal Case No. 7529/1990. The matter was thereafter committed to the Court of Sessions in accordance with the provisions of the Code of Criminal Procedure, and u