BHAGWAT SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) I.A. No.5/2025, an application for urgent hearing, is allowed and with the consent of the parties, this appeal is being heard finally.

(2.) Appellants have preferred this appeal against the judgment dtd. 27/1/2023 passed in Sessions Trial No.34/2019 by which the trial Court convicted appellant No.1 for commission of offence under Ss. 365/34, 366/34, 506 Part-I and 323 of the Indian Penal Code and sentenced him to undergo RI for 4 years with fine of Rs.200.00, RI for 4 years with fine of Rs.200.00; RI for 6 months with fine of Rs.200.00; RI for 1 year with fine of Rs.200.00 plus default stipulations, respectively. Appellants No.2 to 6 have been convicted under Ss. 365/34, 366/34, 506 Part-I of the Indian Penal Code and each of them has been sentenced to undergo RI for 4 years with fine of Rs.200.00, RI for 1 year with fine of Rs.200.00, RI for 4 years with fine of Rs.200.00 plus default stipulations, respectively.

(3.) The prosecution case, in brief, is that complainant lodged written complaint in Police Station Sahaspur Lohara to the effect that on 20/5/2019 at about 12:45 p.m. the accused persons forcefully, on the point of knife, took her wife in the Scorpio Vehicle bearing registration mark CG09-JC-4666. Based on the said complaint, Crime No.79/2019 for commission of offence punishable under Ss. 365,323, 34 of IPC and Sec. 25 & 27 of the Arms Act was registered against accused persons. During investigation, the victim was recovered from possession of accused Bhagwat in village Khairbana Kala. Victim was medically examined, her statement was recorded and thereafter the offence under Ss. 294 and 366 of IPC were also added. One button knife each was recovered from possession of accused Bhagwat and Dhanesh Patel and Bolero vehicle was recovered from possession of Driver Prakash Sahu. Statement of witnesses were recorded. Accused persons were arrested. After completion of investigation, chargesheet against the accused persons under Ss. 365/34, 366/34, 506 Part-I and 323 of the Indian Penal Code was filed. The case was committed to the Court of Sessions and from where it was received by the trial Court for trial.