Digitally signed by SAGRIKA S A A G G R R A I W K A A L A D 20 G a 2 t R e 6 A : .0 W 3 A .0 L

3 NAFR

17:41:50 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 767 of 2003

1 - Raju @ Rajendra Pare, S/o Gendlal, aged about 32 years, R/o Khorkona, P.S. Rajagamar, Dist- Korba (CG)

2- Kuman Singh, S/o Beeram Singh, aged about 35 years, R/o Simkeda, P.S.

Kartala, Dist- Korba --- appellants(s)

versus

1 - State Of Chhattisgarh through P.S. Kartala, Dist- Bilaspur (CG)

--- Respondent(s)

For appellant No. 1 : Mr. Gaurav Singhal, Advocate For appellant No. 2 : Mr. Shyamta Prasad Sannat, Advocate For Respondent(s) : Ms. Supriya Upasane, Govt. Advocate CRA No. 858 of 2003

1 - Purushottam Gupta, S/o Chhotelal Gupta, Aged about 32 years, R/o Laxman Van Talab, Korba, (CG)

---appellant(s)

Versus

1 - State Of Chhattisgarh Through District Magistrate, Bilaspur (CG)

--- Respondent(s)

For appellant(s) : Mr. Gaurav Singhal, Advocate For Respondent(s) : Ms. Supriya Upasane, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

Order on Board

19/02/2026

1. Both these appeals are arising out of the common sessions trial and common judgment, therefore, these appeals are being heard and decided together.

2. The CrA No. 767/2003 has been filed by two appellant, Raju @

Rajendra Pare and Kuman Singh, whereas CrA No. 858/2003 has been filed by Purshottam Gupta.

3. Both these appeals have been filed by the appellants under Section

374 (2) of the Code of Criminal Procedure, 1973, against the impugned judgment of conviction and sentence dated 11.07.2003 passed by learned First Additional Sessions Judge, Bilaspur in Session Case No. 287/1994, whereby the appellants in both the cases have been convicted and sentenced in the following manner:-

4. The brief facts of the case are that on 11.04.1994 at about 7 pm, eight accused persons entered into the house of complainant Ram Chandra Agrawal (PW/7), caused injuries to his son Rajesh (PW/17) by fire arm, confined them in their house and also caused injury to his servant Santosh and looted ornaments and cash amount. They demanded Rs. 2 Lakhs and when the complainant refused, the accused persons abducted the minor daughter of the complainant and asked him to come near Talab along with Rs. 50000/- and then only they will left his daughter. When the complainant and his family members raised alarm and shouted, the other persons of the village came there and they opened the door. The complainant along with the villagers tried to search the accused persons in the village. On the same day i.e. on 11.04.1994 at about 22.00 hours, the complainant lodged Dehatinalishi to the Police which is (Ex-P/25) against 08 unknown persons. In the Dehatinalishi, the complainant disclosed the physic of the accused persons and the manner in which dacoity was committee in the house of the complainant and injury was caused to Rajesh. Based on Dehatinalishi (Ex-P/25), FIR (Ex-P/30) was registered for the offence under Sections 395, 397, 363 of IPC and Section 25 and 27 of Arms Act. The injured Rajesh was sent for his medical examination and treatment to 100 bedded hospital, Korba, where he was medically examined by Dr. A.N. Kawar (PW/14) who gave his report (Ex-P/32). While medically examination of the injured Rajesh, the doctor has noticed multiple scattered superficial injuries over a diameter of about 10 cms over the thoracic region of the back (ranging from 2 mm in diameter to 3mm in diameter) clotted blood present. No staining and tattooing of skin, and opined that the above injuries are caused by gun shot and simple in nature, duration within six hours and injuries is caused by fire arm weapon shot from a distance of about 6 meter or more. However, final opinion can be obtained from ballistic weapon expert.

5. One Rathram has also been injured and he too have been sent to CHC Rampur for medical examination where Dr. A. N. Kawar (PW/14) have been examined him and gave his report (Ex-P/31). While examination, the doctor has notice abrasion mark on