JEETU ALIAS JITENDERA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal by special leave is directed against the judgment of conviction and order of sentence passed by the High Court of Chattisgarh at Bilaspur in Criminal Appeal No. 639 of 2009 whereby the High Court affirmed the conviction of the appellant for offences punishable under Sections 147 and 327/149 of the Indian Penal Code (for short "the I.P.C."), but reduced the sentence from three years rigorous imprisonment on the second score to one year and maintained the sentence of rigorous imprisonment for three months in respect of the offence on the first score i.e. Section 147, I.P.C. Be it noted, both the sentences were directed to be concurrent.

(3.) The facts as has been exposited are that on the basis of an F.I.R. lodged by the informant, Aarif Hussain, PW-10, at 11.50 P.M. on 16.4.2008 alleging that about 10.00 P.M. when he was going towards Telibandha P.S., the accused persons met him near Telibandha chowk and demanded Rs.500/- for liquor and on his refusal they took him towards Awanti Vihar railway crossing in an auto rickshaw and assaulted him, Crime Case No. 129/2008 was registered under Sections 327, 366 and 323 read with Section 34 of the I.P.C. at the concerned police station. After the criminal law was set in motion, said Aarif Hussain was medically examined by Dr. Vishwanath Ram Bhagat, PW-1, and as per the injury report, Exhbt. P-1, he had sustained four injuries on his person. The investigating officer, after completing the investigation, placed the charge sheet on 6.8.2008 against the accused persons for offences punishable under Sections 147, 327, 364-A, 323 and 34 of the I.P.C. before the learned trial Magistrate who committed the matter to the court of Sessions.