2026:CGHC:9005-DB NAFR Digitally VISHAKHA signed by BEOHAR VISHAKHA BEOHAR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 397 of 2010

1 - State of Chhattisgarh, Through District Magistrate, District Janjgir-Champa, C.G.

---Appellant versus

1 – Siyaram, aged about 70 years, S/o Gourishankar, 2. Cholaram, aged about 38 years, S/o Siyaram, 3. Rajkumar, aged about 22 years, S/o Siyaram

4. Dau, aged about 30 years, S/o Siyaram, 5. Manmohan, aged about 22 years, S/o Radheshyam, 6. Manoj Kumar, aged about 25 years, S/o Radheshyam, 7.Radheshyam, S/o Gourishankar, aged about 60 years, 8. Maheshwar @ Nanki, S/o Radheshyam, aged about 20 years, 9. Dilharan, S/o Bhurwaram, aged about 35 years, All are resident of Village Rokda, P.S. Nawagarh, District Janjgir-

Champa, C.G.

--- Respondents CRA No. 316 of 2008

1) Siyaram, S/o. late Shri Gauri Shankar, aged about 70 years, 2) Cholaram, S/o. Shri Siyaram, aged about 38 years, 3) Raju Kumar, S/o. Shri Siyaram, aged about 22 years, 4) Dauram, S/o. Shri Siyaram, aged about 30 years, 5) Manmohan, S/o. Shri Radheshyam, aged about 22 years, 6) Manoj Kumar, S/o. Radheshyam, aged about 25 years, 7) Radheshyam, S/o. Gaurishankar, aged about 60 years, 8) Maheshwar @ Nanki, S/o. Radheshyam, aged about 20 years, 9) Dilharan, S/o. Bhuruwaram, aged about 35 years, All Resident of Village Rogada, (Wrongly mentioned Rokada), Police Station Nawagarh, Distt. Janjgir Champa (Chhattisgarh)

---Appellants Versus

1 - State of Chhattisgarh, Through P.S. Nawagarh, District Janjgir-

Champa, C.G.

---- Respondent For State :- Mr. Kanwaljit Singh Saini, Dy. G.A.

For Accused persons:- Mr. Paras Mani Shriwas, Advocate Division Bench : Hon'ble Shri Justice Sanjay S. Agrawal and Hon'ble Shri Amitendra Kishore Prasad, JJ.

Judgment on Board

20.02.2026 Per Amitendra Kishore Prasad, J.

1.Since both these appeals arise out of the same impugned judgment dated 07.03.2008 passed by the learned Additional Sessions Judge, Sessions Division, Janjgir-Champa (C.G.) in Sessions Trial No.171/2006, they are being decided by this common judgment.

2.At the outset, it is reported that during the pendency of these appeals, accused persons namely Siyaram and Radheshyam have expired, therefore, the appeals, in so far as they relate to accused Siyaram and Radheshyam, stand abated.

3.By the impugned judgment, the learned trial Court acquitted the accused persons of the offences punishable under Sections 326/149 and 307/149 of Indian Penal Code (in short, ‘IPC’), but convicted them under Sections 148, 452/149, 323/149 (five counts) and 325/149 (two counts) IPC and sentenced each of them to undergo rigorous imprisonment for two years with a fine of Rs.500/- under Sections 148, 452/149 and 325/149 IPC, and rigorous imprisonment for six months under Section 323/149 IPC, with all the sentences directed to run concurrently.

4.Case of the prosecution, in brief, is that there was a prior dispute between the complainant party and the accused persons regarding reconstruction of a house at Village Rogada. On 13.05.2006 at about 11:00 a.m., when construction work was going on and the family members were present inside the house, all the accused persons allegedly formed an unlawful assembly and arrived armed with lathis, rods and other weapons. It is alleged that they forcibly entered the dwelling house, abused the complainant party and assaulted them. PW-4 Kapil was beaten on the head and fell unconscious. PW-6 Resham sustained fracture injury on his arm, PW-1 Anita sustained fracture of tibia, and other family members sustained simple injuries. After the incident, FIR (Ex.P-17) was registered at Police Station Nawagarh against the accused persons.

5.During investigation, the spot map was prepared vide Ex.P-

18. The injured persons were medically examined vide Exs. P-1 to P-7. Vide Ex.P-19, an iron rod was seized from accused Siyaram; vide Ex.P-20, an iron axe was seized from accused Cholaram; and vide Ex.P-21, a club was seized from accused Raju. The accused persons were there