NAFR Digitally VISHAKHA signed by BEOHAR VISHAKHA BEOHAR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 71 of 2013

1 - Naresh Kumar Khandekar S/o Fekulal Khandekar Aged About 29 Years R/o Nehru Nagar, Bilaspur, Ps Civil Line, Civil And Rev.

Distt. Bilaspur C.G. , Chhattisgarh --- Appellant/Complainant versus

1 - State Of Chhattisgarh Through The SHO, PS Takhatpur, Distt. Bilaspur C.G. , Chhattisgarh 2 - Sonbarsa S/o Late Kanshiram Khandekar Aged About 36 Years R/o Village Araibandh, Ps Takhatpur, Civil And Rev. Distt. Bilaspur C.G.

3 - Ramprasad Khandekar S/o Late Kanshiram Khandekar Aged About 41 Years R/o Village Araibandh, Ps Takhatpur, Civil And Rev. Distt. Bilaspur C.G., District : Bilaspur, Chhattisgarh 4 - Ravidas Khandekar S/o Late Kanshiram Khandekar Aged About 45 Years R/o Village Araibandh, Ps Takhatpur, Civil And Rev. Distt. Bilaspur C.G., District : Bilaspur, Chhattisgarh

5 - Bhagwati Khandekar S/o Late Kanshiram Khandekar Aged About 38 Years R/o Village Araibandh, Ps Takhatpur, Civil And Rev. Distt. Bilaspur C.G., District : Bilaspur, Chhattisgarh 6 - Smt. Supela Bai D/o Kanshiram Khandekar Aged About 60 Years R/o Village Araibandh, Ps Takhatpur, Civil And Rev. Distt. Bilaspur C.G., District : Bilaspur, Chhattisgarh 7 - Smt. Dhankunwar D/o W/o Bhagwati Khandekar Aged About 34 Years R/o Village Araibandh, Ps Takhatpur, Civil And Rev. Distt.

Bilaspur C.G., District : Bilaspur, Chhattisgarh --- Respondents CRA No. 1168 of 2013

1 - Sonbarsa S/o . Late Shri Kashiram Khandekar Aged About 36 Years R/o. Vill. Araibandh, P.S. Takhatpur, Civil And Rev. Distt.

Bilaspur C.G., Chhattisgarh --Appellant/Accused Versus

1 - State Of Chhattisgarh Through The District Magistrate, Bilaspur C.G., Chhattisgarh --- Respondent For Complainant :- Mr. Basant Dewangan, Advocate For Accused persons:- Mr. Sunil Sahu, Advocate For State :- Mr. Dharmesh Shrivastava, Dy. A.G.

Division Bench : Hon'ble Shri Sanjay S. Agrawal and Hon'ble Shri Amitendra Kishore Prasad, JJ.

Judgment on Board

12.02.2026 Per Amitendra Kishore Prasad, J.

1.These two above-captioned appeals arise out of the common judgment dated 29.11.2013 passed by the learned Third Additional Sessions Judge, Bilaspur (C.G.) in Sessions Trial No. 172/2012. By the impugned judgment, accused- Sonbarsa was convicted for the offences punishable under Sections 307 and 324 of the Indian Penal Code (for short, ‘IPC’) and sentenced to undergo rigorous imprisonment for five years with a fine of Rs.1,000/-, in default of payment of fine, to further undergo simple imprisonment for three months for the offence under Section 307 IPC, and to undergo rigorous imprisonment for six months with a fine of Rs.500/- for the offence under Section 324 IPC, with a direction that both the sentences shall run concurrently. However, the accused- Sonbarsa was acquitted of the charges under Sections 147, 148, 294 and 506-B of IPC. The remaining accused persons, namely Ramprasad, Ravidas, Bhagwati, Supeta Bai and Dhankunwar, were acquitted of all the charges under Sections 147, 148, 149, 506-B and 307 read with Section 149 of IPC.

2.Aggrieved thereby, complainant- Naresh Kumar Khandekar has preferred Acquittal Appeal No. 71 of 2013 challenging the acquittal of accused Nos. 2 to 7 as well as seeking enhancement of the sentence awarded to accused No. 2- Sonbarsa, whereas accused- Sonbarsa has preferred Criminal Appeal No. 1168 of 2013 challenging his conviction and sentence for the aforesaid offences.

3.Since both the appeals arise out of the same judgment dated

29.11.2013 passed by the learned Third Additional Sessions Judge, Bilaspur (C.G.) in Sessions Trial No. 172/2012, they are being decided by this common judgment.

4. Case of the prosecution, in brief, is that on 12.08.2012, at about 6:00 PM, on account of a dispute relating to the digging of a lane in village Araibandh, accused- Sonbarsa was excavating the passage. PW-7 Fenkulal objected to the said digging, whereupon it is alleged that accused- Sonbarsa abused him and assau