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18.03.2026 07.04.2026 -- 07.04.2026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 39 of 2008

1. Vijay Kumar Chauhan S/o Shri Prit Ram Chauhan, Occupation-

Agriculture, aged about 23 years, R/o Village- Bataikela, Police Station-

Kansabell, District- Jashpur (C.G.)

2. Kanhaiya Ram, S/o Shri Lodoram Chauhan, Occupation- Agriculture, aged about 34 years, R/o Village- Bataikela, Police Station- Kansabell, District- Jashpur (C.G.)

... Appellants versus • State Of Chhattisgarh through Police Station- Kansabell, District-

Jashpur (C.G.)

--- Respondent/State _____________________________________________________________

For Appellants : Mr. Pushpendra Kumar Patel, Advocate.

For State : Mr. Kanhaiya Ram Yadav, PL _____________________________________________________________

Hon'ble Smt. Justice Rajani Dubey C A V Judgement

1. This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment dated 30.11.2007 passed by learned Additional Sessions Judge, Jashpur in Sessions Trial No. 83 /2007, wherein the said Court convicted the appellants and sentenced them as under:-

Conviction Sentence Under Section 398/34 of R. I. for 07 years each IPC

2. Brief facts of the case are that on the date of incident i.e. 15.04.2007, the complainant- Niranjan Das, a businessman, had gone to the weekly market at Baghicha along with Kulumani and Basant Das in a tempo, carrying utensils for trade. After the market concluded, he was returning home in the same tempo accompanied by his two sons. At about 7:30 PM, when they reached near Bataikela, on the road leading towards Khutera forest, the persons viz., Vidur, son of the Sarpanch, Vijay and Kanhaiya Cheek arrived on a motorcycle and attempted to intercept the complainant’s vehicle with the intention of committing robbery. One of the accused brandished a country-made firearm (katta) and tried to force the complainant to stop the vehicle. However, out of fear, the complainant did not stop the tempo and continued driving. During this attempt, the three accused lost control and fell from their motorcycle. Despite this, the complainant later proceeded towards Khutera colony with the vehicle. The complainant raised an alarm, upon which several villagers gathered and when questioned, the complainant described the personality traits of the accused persons. Based on this description, the villagers identified them as Vidur, son of the Sarpanch, Vijay, and Kanhaiya Cheek, residents of Badhaikela. The complainant stated that had he stopped the vehicle, he would have been robbed by the accused persons. Subsequently, a report was lodged at the police station vide Ex. P/5 and investigation commenced. A spot map (Ex. P/6) was prepared, and witnesses’ statements were recorded. The accused Kanhaiya was arrested vide Ex. P/11 and on the basis of his memorandum statement, a country-made firearm along with a bird- shooting gun (चि(cid:2)ड़ि(cid:4)या मार बदं कु ) were seized from him vide Ex. P/8. The accused Vijay was also arrested vide Ex. P/12 and on the basis of his memorandum statement, an iron knife was recovered from his possession. Both accused were sent for medical examination. After completion of due, necessary investigation, they were charge-sheeted before the Court of concerned Jurisdictional Magistrate, who, in turn, committed the case for trial and on the basis of the material contained in the charge-sheet, learned trial Court framed charges against the present appellants for alleged commission of offence under Sections

341 and 398 read with section 34 of IPC.

3. In order to establish the charges against the accused persons, the prosecution has examined as many as 10 witnesses. The statement under Section 313 of Cr.P.C. of the appellants have been recorded, in which they denied the incriminat