2026:CGHC:13727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 296 of 2017

1 - Kanhai Yadav S/o Shri Sundar Dev Yadav, Aged About 30 Years Occupation Agriculturist R/o Village Pachawal, Temna, Beriyadamarpara, Police Station Sanawal, District Balrampur Ramanujganj Chhattisgarh

2 - Makadu @ Makkhan, S/o Shri Sunder Dev Yadav, Aged About 36 Years Occupation Agriculturist R/o Village Pachawal, Temna, Beriyadamarpara, Police Station Sanawal, District Balrampur Ramanujganj Chhattisgarh

3 - Shiv Kumar Yadav, S/o Shri Sunder Dev Yadav, Aged About 40 Years Occupation Agriculturist R/o Village Pachawal, Temna, Beriyadamarpara, Police Station Sanawal, District Balrampur Ramanujganj Chhattisgarh

4 - Sundar Dev Yadav, S/o Late Budhan Yadav, Aged About 62 Years Occupation Agriculturist R/o Village Pachawal, Temna, Beriyadamarpara, Police Station Sanawal, District Balrampur Ramanujganj Chhattisgarh

5 - Umesh Yadav, S/o Shri Sundar Dev Yadav, Aged About 25 Years Occupation Agriculturist R/o Village Pachawal, Temna, Beriyadamarpara, Police Station Sanawal, District Balrampur Ramanujganj Chhattisgarh , District : Balrampur, Chhattisgarh ... Appellant(s)

versus State Of Chhattisgarh Through The Police Station Sanawal, District Balrampur - Ramanujganj, Civil District Surguja Ambikapur Chhattisgarh ... Respondent(s)

For Appellant(s) : Shri Neeraj Mehta, Advocate For Respondent/State : Shri Rajkumar Sahu, PL (Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

23/03/2026 This criminal appeal has been preferred against the judgment of conviction and order of sentence dated 13.02.2017, passed by the Additional Sessions Judge, Ramanujganj, District Surguja (Ambikapur) (C.G.), in Sessions Trial No. 31/2013, whereby the learned trial Court, upon appreciation of the evidence adduced by the prosecution, has convicted the appellants for offences punishable under Sections 147, 148 and 325/149 of the Indian Penal Code, 1860, and sentenced each of them to undergo RI of 1 year with fine of Rs. 500/- u/s. 147; to undergo RI for 2 years and fine of Rs. 500/- u/s. 148 and to under RI for 3 years and fine of Rs. 1,000/- u/s. 325/149 IPC with default stipulations as detailed in the impugned judgment. Being aggrieved by the said judgment of conviction and order of sentence, the appellants have preferred the present appeal assailing the legality, propriety and correctness of the findings recorded by the learned trial Court.

2. The case of the prosecution, in brief yet with necessary particulars, is that on 07.08.2013 at about 7:00 PM, all the accused persons, namely Kanhai Yadav, Makadu @ Makkhan, Shiv Kumar Yadav, Sundar Dev Yadav and Umesh Yadav, forming an unlawful assembly and being armed with deadly weapons such as axe and lathi, reached the house of the complainant. It is alleged that the accused persons, sharing a common object, started hurling filthy abuses and extended threats to the life of the victim. Thereafter, in furtherance of their common object, they launched a violent assault upon the victim, wherein accused Kanhai Yadav dealt a blow by means of an axe near the head/ear region of the victim, while the remaining accused persons assaulted him by lathis and clubs, targeting various parts of his body including chest, back and legs. As a result of the said brutal assault, the victim sustained multiple injuries and fell down on the ground in a semi- conscious condition. On witnessing the occurrence, the complainant raised hue and cry, upon which nearby persons gathered at the spot, compelling the accused persons to flee from the place of occurrence. Thereafter, the complainant lodged a report at Police Station Sanawal, on the basis of which Crime No. 40/2013 was registered against the accused persons. During the course of investigation, the injured was medically examined, spot map was prepared, blood-stained soil and other articles were seized, statements of witnesses were recorded, and upon completion of investigation, charge-sheet was filed before th