LexBIRBAL B. CHOUHAN & ANR. ETC. ETC. versus STATE OF CHHATTISGARH ETC. ETC.
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[2011] 13 (ADDL.) s.c.R: 151 BIRBAL B. CHOUHAN & ANR. ETC. ETC. v. STATE OF CHHATIISGARH ETC. ETC. (Criminal Appeal Nos. 2025-2028 of 2011) NOVEMBER 14, 2011 [DR. B.S. CHAUHAN AND T.S. THAKUR, JJ.] PENAL CODE, 1860: A B ss. 399 and 402 - Accused-appellants found guilty of c assembling and preparing for committing dacoity - Conviction and sentence of 5 years RI imposed by trial court, affirmed by High Court - Held: The orders under challenge do not suffer from any legal infirmity nor do they suffer from any perversity in appreciation of evidence on record - 0 However, in the facts and circumstances of the case, the sentence is reduced to 3 years RI under both the counts - Sentence/Sentencing. The appellants along with six others were prosecuted for commission of offences punishable ulss E 399 and 402 IPC. The prosecution case was that on 10.2.1992, when PW1 along with his friend was going on a motorbike late in the evening, they saw 8-10 persons holding sticks, who tried to stop and then chased the duo. However, they escaped and went straight to the F police station and reported the incident. PW 5, the Sup- Inspector of Police, recorded the report and informed the Kotwali. The appellants and others were apprehended along with arms, eatables and liquor. Some of the miscreants escaped. The trial court convicted the G appellants and two others of the offences charged and sentenced each of them to under rigorous imprisonment for five years under each of the two counts. The other four accused were acquitted on benefit of doubt. The High 151 H 152 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R. A Court declined to interfere. Aggrieved, the convicts approached the Supreme Court. Two of them did not surrender and their special leave petitions were dismissed. B Disposing of the appeals, the Court HELD: 1.1 The High Court in appeal reappraised the evidence adduced by the prosecution and the defence and affirmed the findings recorded by the trial court holding that the appellants who were residents of c different villages had gathered with lethal arms at an unearthly hour in a desolate place under a tree with no explanation for their conduct whatsoever much less an acceptable one. The High Court was of the view that the evidence adduced by the prosecution was cogent and 0 acceptable leaving no room for interference with the order of conviction and sentence recorded by the trial court. [Para 5] [154-F-G] 1.2 No error of fact or law has been pointed out in the orders passed by the courts below. Even otherwise, E the orders under challenge do not suffer from any legal infirmity nor do they suffer from any perversity in the appreciation of evidence adduced by the parties. In that view, therefore, the courts below were justified in recording an order of conviction against the appellants. F However, in the facts and circumstance of the case, the sentence imposed upon the appellants is somewhat harsh and needs to be suitably reduced. Accordingly, the sentence of 5 years RI awarded by the trial court as affirmed by the High Court, is reduced to rigorous G imprisonment for a period of three years only on both counts. [Para 7] [155-C-E] CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2025-2028 of 2011. H From the Judgment & Order dated 09.07.2010 of the High BIRBAL 8. CHOUHAN & ANR. v. STATE OF 153 CHHATTISGARH Court of Chhattisgarh, Bilaspur in Criminal Appeal Nos. 603, A 634, 881, 1172, 1173 & 1174 of 1993. Garvesh Kabra, Nikita Kabra, Pooja Kabra, Abhishek Jaju for the Appellant. The Judgment of the Court was delivered by B T.S. THAKUR, J. 1. The appellants in these appeals were tried by the Second Additional Session Judge, Raipur for offences punishable under Sections 399 and 402 of the Indian Penal Code, 1860 in Sessions Trial No.103/92, convicted and c sentenced to undergo rigorous imprisonment for a period of five years on both counts. Criminal Appeals No.603/1993, 634/ 1993, 881/1993, 1172/1993, 1173/1993 and 1174/1993 filed by the appellants having been dismissed by the High Court of Chhattisgarh, Bilaspur by its order dated 9th July, 2010, the D present appeals have been filed to assail the correctness of the said judgment and order. 2. Briefly stated, the prosecution case against the appellants was that on 10th February, 1992, (PW1) Lokesh Agarwal was travelling from Pusaur to Raigarh on a motorbike E with his friend Rashid la
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