High CourtsSingle Bench(2018) 02 CHH CK 0039

RAJESH KUMAR NAGE vs STATE OF CHHATTISGARH

Chhattisgarh High Court · Decided on 27 February 2018

HON’BLE JUDGES
ARVIND SINGH CHANDEL
RESULT
Partly Allowed
CASE NUMBER
Criminal Appeal No.1266 of 2002

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Judgment

27 paragraphs · 457 words

Conviction,Sentence

Under Section 456 of the Indian Penal Code,"Rigorous Imprisonment for 2 years and fine of Rs.500/-

with default stipulation

Under Section 354 of the Indian Penal Code,"Rigorous Imprisonment for 1 year and 6 months and fine

of Rs.700/- with default stipulation

Under Section 323 of the Indian Penal Code,"Rigorous Imprisonment for 6 months and fine of Rs.300/-

with default stipulation

Under Section 3(1)(xi) of the Act of 1989,"Rigorous Imprisonment for 1 year and 6 months and fine

of Rs.700/- with default stipulation

Under Section 3(1)(x) of the Act of 1989,"Rigorous Imprisonment for 1 year and 6 months and fine

of Rs.700/- with default stipulation

same does not warrant any interference by this Court. Hence, the conviction imposed upon the Appellant by the Trial Court is affirmed.",

14.

So far as sentence part is concerned, the matter is pending for about 15 years. The Appellant had already undergone about 3-4 months and in",

compliance of the order of this Court dated 5.9.2017, as communicated by the Superintendent of Police, District Kondagaon vide his memo dated",

12.9.2017, the Appellant has again been arrested on 11.9.2017 and since then he is in custody. He is a first offender. No known criminal antecedent is",

found against him. At the time of incident, he was only 25 years of age.",

15.

Therefore, considering the foregoing, in the interest of justice, the jail sentence awarded to the Appellant by the Trial Court is reduced to as",

follows: 6 months’ rigorous imprisonment for the offence under Section 456 of the IPC, 6 months’ rigorous imprisonment for the offence",

under Section 354 of the IPC, 1 month’s rigorous imprisonment for the offence under Section 323 of the IPC, 6 months’ rigorous",

imprisonment for the offence under Section 3(1) (xi) of the Act of 1989 and 6 months’ rigorous imprisonment for the offence under Section 3(1),

(x) of the Act of 1989. The fine sentences imposed upon the Appellant by the Trial Court are also affirmed. In default of payment of the said fine,

amounts, the Appellant shall be liable to undergo 2 months’ rigorous imprisonment for the offence under Section 456 of the IPC, 1 month’s",

rigorous imprisonment for the offence under Section 354 of the IPC, 7 days’ rigorous imprisonment for the offence under Section 323 of the IPC,",

1 month’s rigorous imprisonment for the offence under Section 3(1)(xi) of the Act of 1989 and 1 month’s rigorous imprisonment for the,

offence under Section 3(1)(x) of the Act of 1989. All the sentences are directed to run concurrently.,

16.

Consequently, the appeal is allowed in part to the extent indicated above.",

17.

Record of the Court below be sent back along with a copy of this judgment forthwith for information and necessary compliance.,