2026:CGHC:19183 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 216 of 2005 Judgment Reserved on : 02.04.2026 Judgment Delivered on : 25.04.2026

1. Raj Kumar S/o. Sahak Ram, Aged about 31 years, R/o Village -

Telaidhar, District Koria (C.G.)

2. Bali Singh S/o Nepal Singh, Aged about 20 years, Occupation -

Farmer, R/o Dumapani, P.S. Baikunthpur, District - Koria (C.G.)

3. Gulab Singh S/o Pran Singh, Aged about 20 years, Occupation -

Farmer, R/o Dumapani, P.S. Baikunthpur, District - Koria (C.G.)

4. Agar Sai (dead) S/o Phul Sai, Aged about 26 years, Occupation -

Farmer, R/o Village - Indarpur, P.S. Khadgavan, District - Koria (C.G.)

5. Bhaiyalal (dead) S/o Rajwar, Aged about 35 years, Occupation -

Farmer, R/o Village - Indarpur, P.S. Khadgavan, District - Koria (C.G.)

--- Appellant(s)

versus The State of Chhattisgarh, Through Police Station Patna, District Koriya (C.G.)

--- Respondent(s)

CRA No. 427 of 2005

1. Danfer Singh S/o Naharsai Singh, Aged about 20 years, Occupation - Agriculture, R/o village Indrapur, P.S. - Khadgawan, District - Korea (C.G.)

2. Hira Singh S/o Naharsai Singh, Aged about 20 years, Occupation -

Agriculture, R/o village Indrapur, P.S. - Khadgawan, District - Korea (C.G.)

--- Appellant(s)

Versus The State of Chhattisgarh Digitally signed by MANISH MANISH YADAV YADAV Date:

2026.04.25 +0530 --- Respondent(s)

For Appellant(s) : Mr. Mahendra Dubey, Advocate For Respondent/ : Mr. Krishna Gopal Yadav, Dy. Government State Advocate and Mr. Manish Kashyap, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas

CAV Judgment

1. Since both the appeals arise out of the same crime number and by common judgment, the appellants have been convicted by the learned Additional Sessions Judge Baikunthpur, therefore, they are heard analogously and are being disposed of by this common judgment.

2. During the pendency of the appeals, the appellant No. 4 Agar Sai and appellant No. 5 Bhaiyalal in CRA No. 216/2005 have expired, therefore, CRA No. 216/2005 to the extent of the appellant No. 4 and

5 stands abated.

3. The appellants have filed these criminal appeals under Section

374(2) of the Criminal Procedure Code against judgment of conviction and order of sentence dated 07.01.2005 passed by learned Additional Sessions Judge, Baikunthpur, District Koria (C.G.) in Sessions Trial No. 241/2004 whereby the appellants have been convicted and sentenced in the following manner:-

(Both jail sentences are directed to run concurrently).

4. The prosecution case, in brief, is that the complainant, Raghurairam (P.W. 1) who is resident of village Thihai-para, Kasara works in the office of District Education Officer, Baikunthpur lodged an FIR on 27.12.2003 before Police Station - Patna, District Koriya alleging that on previous night i.e. 26.12.2003 at about 9 O’clock in the night after taking meals he was sleeping in the room and about 3 O’clock in the night, he heard the noise of the persons, saw 10 persons standing in the courtyard and out of them some persons have entered into different rooms of his house. The persons who have entered into the rooms have assaulted complainant and his family members with sticks and threatened him to show the valuable properties, accordingly they have looted Rs. 20,000/-, some gold and silver ornaments which were kept in the almirah. They have also looted Rs. 3,000/- which was kept in the box and snatched Rs. 3,000/- from the pocket of pant of the complainant. It is also the case of the prosecution that after robbery and dacoity they fled away from courtyard. After reconciling the looted property, it was found that they have looted Rs. 20,000/- cash, two silver chains, four sets of silver anklet, waist band, one gold locket, gold nose ring, old radio, hawai chappal, shoes and valuable materials valued at Rs. 38,500/-. On the basis FIR an offence under Section 395 of IPC was registered against the unknown persons and the accused were arrested on 06.01.2004, 17.01.2004 and 22.01.2004 respectively and remained in jail during trial.

5. The p