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2026:CGHC:300-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 393 of 2025

•Vikas Singh Chandra S/o Budheshwar Singh Chandra Aged About

39 Years R/o Kosir Gautiyapara, Police Station- Kosir, District-

Sarangarh-Bilaigarh (C.G.)

... Appellant(s)

versus

1.State Of Chhattisgarh Through- Station House Officer, Police, Sta-

tion- Kosir, District- Sarangarh-Bilaigarh (C.G.)

2.Keshav Kumar Chandra S/o Late Lakhan Lal Chandra Aged About

61 Years R/o Village- Kosir (Gountiyapara), Police Station- Kosir,

District- Sarangarh-Bilaigarh (C.G.)

3.Vinay Kumar Chandra S/o Keshav Kumar Chandra Aged About 30

Years R/o Village- Kosir (Gountiyapara), Police Station- Kosir, Dis-

trict- Sarangarh-Bilaigarh (C.G.)

4.Bhupendra Kumar @ Bholu Chandra S/o Keshav Kumar Chandra

Aged About 25 Years R/o Village- Kosir (Gountiyapara), Police Sta-

tion- Kosir, District- Sarangarh-Bilaigarh Chhattisgarh

--- Respondents

CRA No. 1799 of 2024

•Bhupendra Kumar @ Bholu S/o Keshav Kumar Aged About 25

Years R/o Village - Kosir (Gotiyapara ), Police Station - Kosir, Tahsil

- Sarangarh, District - Sarangarh - Bilaigarh (C.G.)

--Appellant(s)

Versus

•State Of Chhattisgarh Through Station House Officer, Police Station

- Kosir Tahsil Sarangarh, District -Sarangarh Bilaigarh (C.G.)

--- Respondent(s)

CRA No. 1793 of 2024

1.Keshav Kumar S/o Late Lakhan Lal Chandra Aged About 62 Years

R/o Village Kosir (Gotiyapara), Police Station- Kosir, Tahsil-

Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh

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2.Vinay Kumar S/o Keshav Kumar Chandra Aged About 31 Years R/o

Village Kosir (Gotiyapara), Police Station- Kosir, Tahsil- Sarangarh,

District : Sarangarh-Bilaigarh, Chhattisgarh

---Appellant(s)

Versus

•State Of Chhattisgarh Through Station House Officer, Police Station

Kosir, Tahsil Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh

--- Respondent(s)

In ACQA 393/2025

For Appellant

For State

:

:

Mr. Virendra Verma, Advo-

cate

Mr. Nitansh Jaiswal, Dy. G.A.

In CRA Nos. 1793/2025 & 1799/2024

For Appellant

For State

:

:

Mr. Rajeev Shrivastava, Sr.

Advocate along with Mr.

Malay Shrivastava, Advocate

Mr. Nitansh Jaiswal, Dy. G.A.

Hon’ble Shri Ramesh Sinha, Chief Justice

Hon’ble Shri Arvind Kumar Verma , Judge

Judgment on Board

Per, Arvind Kumar Verma, Judge

05/01/2026

Heard Mr. Virendra Verma, learned counsel for the appellant in ACQA

No. 393/2025 and Mr. Rajeev Shrivastava, Sr. Advocate along with

Mr. Malay Shrivastava, learned counsel for appellants in CRA Nos.

1793/2025 & 1799/2024 and Mr. Nitansh Jaiswal, learned P.L. for the

State.

1.Since the Acquittal Appeal No. 393 of 2025 filed on behalf of the appel-

lant/injured and CRA Nos. 1793/2025 & 1799/2024 filed by the appel-

lants/accused arise out of same impugned judgment, they are heard

together and are being disposed of by this common judgment.

2.Acquittal Appeal has been filed by the Appellant challenging the legal-

ity, validity and propriety of judgment dated 19.09.2024 passed by the

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learned Additional Sessions Judge, Sarangarh, District Sarangarh- Bi-

laigarh C.G. in Sessions Trial No. 87/2023 whereby the learned Ses-

sions Judge has wrongly acquitted the accused persons from the

charges under Sections 506, 294, 352 of IPC and convicted the ac-

cused Bhupendra Kumar @ Bholu for the offence under Section 448,

323 and 304 Part-II and other accused Keshav Kumar Chandra and

Vinay Kumar Chandra under Section 448, 323 and 323 of IPC instead

of 302/34 of IPC and therefore, all the accused persons are liable to be

punished for life imprisonment and other sentences for the offence pun-

ishable under Section 452, 325/34, 506, 294, 352, 302 of IPC for com-

mission of assault to the injured persons Triyugi Narayan Chandra and

Vikas Chandra and one of them namely Triyugi Narayan Chandra died

subsequently.

3.This criminal appeals bearing No. 1793/2025 & 1799/2024 preferred

under Section 415 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for

short BNSS, 2023) is against impugned judgment of conviction and or-

der of sentence dated 19.09.2024 passed in Sessions Trial No.

87/2023 by the learned Additional Sessions Judge, Sarangarh, District

Sarangarh Bilaigarh (C.G.) whereby the appellants have been con-

victed and sentenced as follows:-

Bhupendra Kumar @

Bholu Convicted under

Sections

Sentenced to

448 of Indian Penal CodeR.I. for 6 months with fine of

Rs. 1,000/- and in default of

payment of fine, additional S.I.

for 20 days.

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323 of Indian Penal Code (for

injured Vikas Kumar Chan-

dra)

R.I. for 6 months with fine of

Rs. 1,000/- and in default of

payment of fine, additional S.I.

for 20 days.

304-II of Indian Penal Code

(for deceased Triyugi

Narayan Chandra)

R.I. for 7 years with fine of Rs.

3,000/- and in default of pay-

ment of fine, additional S.I. for

6 months.

Keshav Kumar Chandra

Convicted under Sections

Sentenced to

448 of Indian Penal CodeR.I. for 6 months with fine of Rs.

1,000/- and in default of payment

of fine, additional S.I. for 20 days.

323 of Indian Penal Code

(for injured Vikas Kumar

Chandra)

R.I. for 6 months with fine of Rs.

1,000/- and in default of payment

of fine, additional S.I. for 20 days.

323 of Indian Penal Code

(for deceased Triyugi

Narayan Chandra)

R.I. for 6 months with fine of Rs.

1,000/- and in default of payment

of fine, additional S.I. for 20 days.

Vinay Kumar Chandra

Convicted under Sec-

tions

Sentenced to

448 of Indian Penal CodeR.I. for 6 months with fine of Rs.

1,000/- and in default of pay-

ment of fine, additional S.I. for

20 days.

323 of Indian Penal Code

(for injured Vikas Kumar

Chandra)

R.I. for 6 months with fine of Rs.

1,000/- and in default of pay-

ment of fine, additional S.I. for

20 days.

323 of Indian Penal Code

(for deceased Triyugi

Narayan Chandra)

R.I. for 6 months with fine of Rs.

1,000/- and in default of pay-

ment of fine, additional S.I. for

20 days.

5 / 19

4.The prosecution case, in brief, is that injured Triyugi Narayan Chandra

aged about 45 years lodged a report in Police Station Kosir alleging in-

ter-alia that on 28.05.2023 at about 06.05 AM morning Bhupendra

Chandra, Vinay Chandra and Keshav Chandra entered into the house,

abused him in filthy languages and badly assaulted him and his nephew

Vikas Chandra due to which blood was oozing out of his mouth and ear.

It was further alleged that hearing the noise his nephew and nieces

came there who were also assaulted and abused in filthy languages

and subsequently the Sarpanch Labho Lahre, Laxman Chandra and

Kishan Lal came there and tried to intervened the matter and then their

life is safe but they are in sock and terror that any time they will commit

murder to the complainant and his family members. It is further stated

that he is a teacher and lives in Dantewada and only lady members of

the family reside in Kosir due to which the scared is high and it is further

alleged that accused persons used to abuse the ladies in filthy lan-

guages.

5.On the basis of report lodged by Triyugi Narayan Chandra, the first in-

formation report bearing Crime No. 63/2023 under Section 451, 294,

506, 323, 34 of Indian Penal Code was registered on 28.05.2023. The

injured persons Triyugi Narayan Chandra and Vikas Singh Chandra

were sent for medical examination to Community Health Centre,

Sarangarh where the doctor has advised for X-ray and ENT opinion re-

garding neck pain and swelling to Triyugi Narayan Chandra. On

29.05.2023 an information was sent to Station House Officer, Police

Station Chakradhar Nagar, Raigarh that at about 7.38 PM Triyugi

Narayan Chandra was admitted in the hospital in serious condition by

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Vikas Chandra and thereafter at about 11.30 PM another intimation

was sent to police regarding death of Triyugi Narayan Chandra. The

doctor has opined in post mortem report that death was due to as-

phyxia as a result of neck injury and thereafter merg intimation was

recorded as Merg No. seized, 19/2023 in Police Station - Kosir and dur-

ing course of investigation, supplementary statement of the witnesses

were recorded and after completion of the entire investigation, charge-

sheet was filed before the learned Judicial Magistrate First Class,

Sarangarh where the Criminal Case No. 974/2023 was registered. The

case is triable by Sessions Judge therefore it was committed on

21.08.2023 and sent to the learned Additional Sessions Judge,

Sarangarh, District Sarangarh-Bilaigarh for trial where the Sessions

Trial No. 87/2023 was registered. On the basis of the material con-

tained in the charge-sheet, the learned trial Court framed the charges

against the accused persons for the offence under Section 452, 325

read with Section 34, 506, 294, 352 and 302 of Indian Penal Code. The

accused persons denied their guilty and claimed for trial.

6.The prosecution examined as many as 22 witnesses and tendered sev-

eral documents Ex.P-1 to Ex.P-45 to prove its case. The accused per-

sons have been examined under Section 313 of the Code of Criminal

Procedure in respect of the incriminating evidence appearing against

them in the evidence led by the prosecution. They denied all the incrimi-

nation circumstances and stated that they have not committed any of-

fence and they have been falsely implicated and further stated that the

deceased Triyugi Narayan Chandra and other persons Vikas, Seema,

Usha, Rama were assaulting and abusing to the accused No.1 Keshav

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then other accused persons came there to intervene the matter but they

were also assaulted by them and confronted the documents relating to

other Session Trial which were exhibited as Ex.D-1 to Ex.D-22.

7.The learned trial Court i.e. Additional Sessions Judge, Sarangarh, Dis-

trict Sarangarh-Bilaigarh has passed the judgment of conviction and or-

der of lesser sentence on 19.09.2024 after hearing of both the parties

and relying upon the evidence led by the prosecution, held the accused

persons are guilty for the commission of offences punishable under

Section 448, 323 of Indian Penal Code and further held that accused

Bhupendra Kumar @ Bholu is also committed an offence under Section

304 Part-II of Indian Penal Code in respect of commission of death of

Triyugi Narayan Chandra and awarded the maximum sentence up to 6

months to the accused Keshav Kumar Chandra and Vinay Kumar

Chandra for commission of offence under Section 448 and 323 of In-

dian Penal Code and the accused Bhupendra Kumar @ Bholu was also

further awarded sentence R.I. for 7 years for the offence under Section

304 Part-II of Indian Penal Code.

8.In Acquittal Appeal No. 393 of 2025, learned counsel for the appellant

submitted that the learned Trial Court erred in convicted the accused

Bhupendra Kumar @ Bholu for offence under Section 448 and 323 and

304 Part-II of IPC and convicted the accused Keshav Kumar Chandra

and Vinay Kumar Chandra for offence under Section 448 and 323 of In-

dian Penal Code instead of 302, 34 of Indian Penal Code as all the ac-

cused persons entered into the house of the deceased, badly assaulted

him and during quarrel the injuries over neck was caused by one of

them due to which the deceased succumbed during treatment in the

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hospital. He further submits that the learned Trial Court wrongly held

that the dispute arose between the parties as a sudden quarrel but it

was not a sudden quarrel but the accused persons were regularly cre-

ating dispute with the family members of the deceased due to differ-

ences of their status and on the date of incident, they started quarrel by

pouring water over the deceased and thereafter entered into the house,

abused him and his family member in filthy languages and badly as-

saulted the deceased, thus it is an offence punishable under Section

302 of Indian Penal Code. All the accused persons in furtherance of

their common intention to assault the deceased and his family members

entered into the house, therefore, all of them are liable to be punished

under Section 302, 34 of Indian Penal Code.

9.In Acquittal Appeal No. 393 of 2025, Mr. Verma further submits that

section 34 of Indian Penal Code (Section 3(5) of Bharatiya Nyaya San-

hita, 2023 provided that when a criminal act is done by the several per-

sons in furtherance of common intention of all, each of such persons is

liable for that act in the same manner as if it were done by him alone.

Thus it is clear that the accused persons are liable to be punished un-

der Section 302, 34 of Indian Penal Code. The story of the prosecution

shows that all the accused persons entered into the house of the

present appellant and deceased by abusing them in filthy languages.

Thus it is clear that there is mens-rea to commit the capital offence and

the accused persons badly assaulted the family members of the de-

ceased and pressed his neck until the matter was intervened by some

villagers and the appellant. The learned Trial Court erred convicting the

accused No.3 only for an offence under Section 304 Part-II, though all

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the accused persons are liable to be punished under Section 302, 34 of

Indian Penal Code because in the aforesaid quarrel the neck of the de-

ceased was pressed with knowledge and intention that such act is likely

to cause death and it was pressed until the matter was intervened and

such act was also committed after entering the house which clearly

shows that the accused persons are liable to be punished under Sec-

tion 302, 34 of Indian Penal Code. All the accused persons entered into

the house of the deceased by abusing them in filthy language and

thereafter assaulted the family members and the injuries were corrobo-

rated by the doctor, thus prosecution witnesses have established the

case beyond doubt through evidences and documents that the de-

ceased was murdered in furtherance of the common intention of the ac-

cused persons. The evidence of the prosecution witnesses who were

family members and villagers of the deceased regarding quarrel and

pressing neck by the accused persons is clearly corroborated by the

doctor as in the postmortem report the doctor has clearly opined that

cause of death is asphyxia as a result of neck injury (Ex.P-15 by PW-

17). The learned Trial Court wrongly appreciated the entire evidence

available on record including the depositions of witnesses and wrongly

arrived at the finding of guilt of the accused No.3 only punishable under

Section 304 Part-II of Indian Penal Code whereas the prosecution case

supported by the credible and cogent evidences clearly established that

all the accused persons are liable to be punished under section 302, 34

of Indian Penal Code. It is respectfully submitted by the appellant that

the prosecution has duly proved its case beyond all the reasonable

doubt and the offences committed by the accused persons come within

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section 448, 323, 325, 302, 34 of Indian Penal Code but trial court con-

victed under section 448, 323 to all the accused persons and thereafter

304 part-II to the accused Bhupendra Kumar though the Court could

not adopt the lenient view while awarding the conviction and sentence

thereof. The prosecution has duly discharge its burden to prove the

case beyond all the reasonable doubt, therefore, the accused may be

convicted for the offence under section 448, 323, 325, 302, 34 of Indian

Penal Code and awarded the higher sentence. He lastly submitted that

though the scope of interference with the order acquittal is very much

limited, but on the other hand, the appellate Court is vested with wide

powers of re-appreciation of the evidence in the matter.

10.In CRA Nos. 1793/2025 & 1799/2024, learned Sr. counsel for the ap-

pellant submits that the prosecution witnesses are contradictory and

such statements are not reliable and admissible under the law. He fur-

ther submits that complainant/deceased and injured who have stated

that the present appellant has abused him and also stated marpeet to

the complainant, however, they have not stated regarding assault by

the present appellant with deadly weapon. Even there is no proof of

record to cause voluntarily grievous hurt to the complainant. Therefore

the aforesaid offences is not attracted in the case. He further submits

that there is no evidence on record to prove the facts that the appellants

have caused voluntarily grievous hurt to the complainant/deceased and

injured and there is no evidence available on record to prove that the

appellants have committed the offence which is punishable under Sec-

tion 448, 323 and 304-II of the Indian Penal Code. Therefore the Judg-

ment of conviction and order of sentences passed against the appel-

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lants are based on surmises and conjectures.

11.Learned State Counsel submitted that the impugned judgment does not

suffer from any illegality, perversity or material irregularity warranting in-

terference in an appeal against conviction/lesser conviction. It is con-

tended that the learned Trial Court has meticulously appreciated the

oral and documentary evidence and has rightly come to the conclusion

that the incident occurred on account of a sudden quarrel without any

premeditation or prior meeting of minds to commit murder. The prose-

cution evidence itself discloses that the altercation arose at the spur of

the moment and there is no convincing material to establish that all the

accused shared a common intention to cause the death of Triyugi

Narayan Chandra so as to attract Section 302 read with Section 34 of

IPC. Learned State Counsel further submitted that the medical evi-

dence, particularly the post-mortem report (Ex.P-15), though opines

that the cause of death was asphyxia due to neck injury, does not con-

clusively establish an intention to cause death. At best, it demonstrates

knowledge on the part of accused Bhupendra Kumar @ Bholu that his

act was likely to cause death, which squarely brings the case within the

ambit of Section 304 Part-II of IPC. The role attributed to the remaining

accused persons is confined to causing simple injuries, which is duly

corroborated by the medical evidence, and therefore their conviction is

just and proper and the conviction of the appellant is well merited which

does not call for any interference and these appeals deserve to be dis-

missed.

12.We have heard learned counsel for the parties, considered their sub-

missions and gone through the records with utmost circumspection.

12 / 19

13.The Supreme Court in the matter of Jafarudheen and others vs.

State of Kerala reported in (2022) 8 SCC 440 has considered the

scope of interference in Appeal against acquittal in judgment at para

25, which reads as under:

“25. While dealing with an appeal against acquittal by

invoking Section 378 CrPC, the appellate court has to

consider whether the trial court's view can be terms as

a possible one, particularly when evidence on record

has been analysed. The reason is that an order of ac-

quittal adds up to the presumption of innocence in

favour of the accused. Thus, the appellate court has to

be relatively slow in reversing the order of the trial court

rendering acquittal. Therefore, the presumption in

favour of the accused does not get weakened but only

strengthened. Such a double presumption that enures

in favour of the accused has to be disturbed only by

thorough scrutiny on the accepted legal parameters.”

14.Case of the prosecution is substantially based on the complaint of Com-

plainant/deceased Triyugi Narayan Chandra, who lodged report stating

therein that he was posted as a teacher in a school at Dantewada and

was residing at Gautiyapara, Village Kosir, within the jurisdiction of Po-

lice Station Kosir. On 28.05.2023 at about 6:05 a.m., the accused per-

sons forcibly entered the house of the complainant/deceased Triyugi

Narayan Chandra, abused him in filthy language and assaulted him.

During the incident, accused Bhupendra Chandra caught hold of and

pressed the neck of the complainant/deceased and assaulted him. Ac-

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cused Vinay Chandra twisted the hand of the complainant/deceased,

causing injury with the possibility of fracture of his finger. Accused Ke-

shav Chandra assaulted the complainant/deceased while threatening to

kill him. Due to the assault by the accused persons, blood started ooz-

ing from the mouth and ear of the complainant/deceased Triyugi

Narayan Chandra. Upon hearing the hue and cry, when the nephew of

the deceased, Vikas Singh Chandra, arrived at the spot, all three ac-

cused persons also assaulted him, resulting in injuries to his knee, ribs

and hand. Further, accused Keshav Chandra abused and assaulted the

nieces of the deceased as well. The incident of assault was video

recorded. With regard to the said incident, a written report was lodged

by the complainant/deceased Triyugi Narayan Chandra himself at Po-

lice Station Kosir, on the basis of which the offence was registered.

15.Vikas Singh Chandra (P.W.-03) in the first police statement of the in-

jured witness Vikas Singh Chandra (P.W.-03) dated 28.05.2023 (Ex. D-

03), it has been stated that Vinay Chandra was holding the deceased

from behind and assaulting him, while from the front Keshav Chandra

was beating the deceased with fists. Thereafter, on 02.06.2023, i.e., af-

ter the death of the deceased Triyuginarayan Chandra, a further state-

ment of the injured witness Vikas Singh Chandra (P.W.-03) was

recorded, wherein he stated that the accused Vinay Chandra had re-

strained the deceased by pressing his arm around the neck from be-

hind and by twisting and holding one of his hands from the back, while

Keshav Chandra was assaulting the deceased with fists on his face,

nose, ears and chest.Thus, in his deposition before the Court, the in-

jured witness Vikas Singh Chandra (P.W.-03) has alleged that the ac-

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cused Vinay Chandra forcefully restrained the deceased from behind by

twisting his arm, and that the accused Keshav Chandra assaulted the

deceased with fists.

16.Dr. Ullas Gonnade (PW-17), who conducted the post-mortem examina-

tion on the body of deceased Triyugi Narayan Chandra, deposed that

he prepared the post-mortem report (Ex.P-15). He stated that on exami-

nation, he found a fracture on the right side of the body of the thyroid

cartilage. He further noticed haemorrhage beneath the skin of the neck,

over the external neck region and within the laryngeal part of the air-

way. According to him, the cause of death was asphyxia resulting from

injury to the neck. In his cross-examination, the witness admitted that

he did not specifically mention the nature of death in the post-mortem

report and also stated that such fracture may not necessarily occur only

by throttling.

17.The Trial Court has elaborately discussed the evidence led by the pros-

ecution and after analyzing the entire evidence led by the prosecution,

the Trial Court has rightly held that the incident in question was the re-

sult of a sudden quarrel, arising out of a trivial dispute relating to sprin-

kling of water on a wall, and that the same was not preceded by any

prior meeting of minds or pre-planned intention to cause the death of

the deceased. The evidence on record does not establish that the ac-

cused persons shared a common intention to commit murder so as to

attract the provisions of Section 302 read with Section 34 of IPC.

18. The medical evidence clearly establishes that except for the injury on

the neck, all other injuries sustained by the deceased were simple in

nature. The injuries sustained by the injured witness Vikas Singh Chan-

15 / 19

dra (PW-03) were also simple. The evidence further reveals that the fa-

tal neck injury, which resulted in asphyxia leading to the death of the

deceased on the following day, is attributable only to the act of accused

Bhupendra Kumar @ Bholu. Even in respect of the said accused, there

is no material on record to demonstrate that the act was committed with

the intention of causing death or such bodily injury as was sufficient in

the ordinary course of nature to cause death.

Conclusion

19.Upon a cumulative appreciation of the evidence on the points for deter-

mination, it stands proved that on 28.05.2023 the accused Keshav

Chandra, Bhupendra Chandra and Vinay Chandra trespassed into the

house of the deceased Triyuginarayan Chandra and thereby committed

the offence of criminal house-trespass, and further assaulted the de-

ceased Triyuginarayan Chandra and the injured Vikas Chandra, volun-

tarily causing them simple hurt. So far as accused Bhupendra Chandra

is concerned, it is further proved that he caught hold of and pressed the

neck of the deceased Triyuginarayan Chandra with the knowledge that

such act was likely to cause death or such bodily injury as was likely to

result in death. As a consequence of the injuries caused to the neck,

the respiration of the deceased was obstructed, and due to such ob-

struction the deceased Triyuginarayan Chandra died on 29.05.2023 at

about 11:30 p.m.

20.In view of the foregoing, the conviction of accused Bhupendra Kumar

@ Bholu under Section 304 Part-II of IPC, which postulates knowledge

that the act was likely to cause death but without any intention to cause

death, cannot be said to be erroneous or perverse. Similarly, the con-

16 / 19

viction of the remaining accused persons under Sections 448 and 323

of IPC, considering their limited role and the nature of injuries caused

by them, is fully justified. Therefore, we are of the opinion that the trial

Court did not commit any illegality in convicting the appellants for the

aforesaid offences. hence the conviction of the appellants is hereby

maintained.

21.The acquittal appeal ACQA No. 393/2025 filed by the appellant/injured

against the order of acquittal of the accused persons from the charge

under Sections 506, 294, 352 of IPC is concerned, it is a settled princi-

ple of law that in an appeal against acquittal or against conviction for a

lesser offence, the appellate court should not interfere merely because

another view is possible. Unless the findings recorded by the Trial Court

are shown to be manifestly illegal, perverse, or based on a complete

misreading of evidence, interference is not warranted. In the present

case, the view taken by the Trial Court is not only a possible view but is

also supported by cogent reasons and evidence on record. Applying

the principles laid down by the Supreme Court in Jafarudheen and

others vs. State of Kerala, (2022) 8 SCC 440, this Court finds no

compelling reason to disturb the well-reasoned judgment passed by the

learned Trial Court. The presumption of innocence in favour of the ac-

cused, which stands reinforced by the judgment of the Trial Court, has

not been displaced by the appellant. Consequently, we are of the con-

sidered opinion that the appellant has failed to make out any case for

enhancement of conviction from Section 304 Part-II to Section 302 IPC,

or for invoking Section 34 IPC against the accused persons, or for inter-

ference with the acquittal under Sections 506, 294 and 352 IPC. Ac-

17 / 19

quittal Appeal No. 393 of 2025 filed by the appellant seeking convic-

tion of the accused persons under Section 302 read with Section 34 of

IPC is devoid of merit and deserves to be dismissed.

22.So far as Criminal Appeal No. 1799 of 2024 filed by the appellant/

accused Bhupendra Kumar @ Bholu is concerned, it is proved that he

caught hold of and pressed the neck of the deceased Triyuginarayan

Chandra with the knowledge that such act was likely to cause death or

such bodily injury as was likely to result in death. As a consequence of

the injuries caused to the neck, the respiration of the deceased was ob-

structed, and due to such obstruction the deceased Triyuginarayan

Chandra died on 29.05.2023 at about 11:30 p.m. Consequently, we are

of the considered opinion that the conviction recorded against him is

based on credible testimony of injured witnesses, duly corroborated by

medical evidence, and the sentence imposed is proportionate to the

gravity of the offences proved. No illegality or material irregularity has

been demonstrated which would justify interference with the judgment

of conviction and order of sentence. Thus, Criminal Appeal No. 1799

of 2024 filed by the appellant/ accused Bhupendra Kumar @ Bholu is

devoid of merit and deserves to be dismissed.

23.So far as Criminal Appeal No. 1793 of 2024 filed by the appellant/

accused Keshav Kumar Chandra and Vinay Kumar Chandra is con-

cerned, it is proved that the role of the accused Vinay Kumar Chandra

and Keshav Kumar Chandra, is confined to criminal trespass and caus-

ing simple injuries, for which they have been appropriately convicted

under Sections 448, 323 and 323 of IPC. So far as, the sentence part

Keshav Kumar Chandra and Vinay Kumar Chandra is concerned, con-

18 / 19

sidering the entire facts and circumstance of the case, the manner in

which the incident occurred, looking to the injury sustained by injured

and deceased, the fact that the incident took place around 3 years ago,

at the relevant time the age of the appellant- Keshav Kumar Chandra

i.e. 62 years and the age of the appellant Vinay Kumar Chandra i.e. 31

years; during pendency of this appeal the appellants Keshav Kumar

Chandra and Vinay Kumar Chandra were on bail since 2024; and did

not misuse the liberty granted to them and keeping in view the Judg-

ment of Hon'ble Supreme Court in the matter of George Pon Paul v.

Kanagalet, (2009) 13 SCC 478, we are of the opinion that no fruitful

purpose would be served by sending the appellants back to jail at this

stage and the ends of justice would be served, if the appellants are sen-

tenced to the period already undergone by him. Thus the Criminal Ap-

peal No. 1793 of 2024 is allowed in part. Conviction of the appel-

lants Keshav Kumar Chandra and Vinay Kumar Chandra under section

448, 323 and 323 of the IPC is maintained and the jail sentence is re-

duced to the period already undergone by them.

24.In the result, as regards Acquittal Appeal No. 393 of 2025 in respect

of the appellant/injured Vikas Singh Chandra is dismissed and as re-

gards Criminal Appeal No. 1799 of 2024 in respect of the appellant/

accused Bhupendra Kumar @ Bholu is dismissed and Criminal Ap-

peal No. 1793 of 2024 in respect of the appellant/ accused Keshav

Kumar Chandra and Vinay Kumar Chandra is Partly allowed.

25.The appellants Keshav Kumar Chandra and Vinay Kumar Chandra are re-

ported to be on bail. Their bail bonds are not discharged at this stage and

the bonds shall remain operative for a period of six months in view of Sec-

19 / 19

tion 481 of the BNSS.

26.Registry is directed to send a certified copy of this judgment along with the

original record of the case to the trial court concerned forthwith for neces-

sary information and compliance and also send a copy of this judgment to

the concerned Superintendent of Jail where the appellant Bhupendra Ku-

mar @ Bholu is undergoing his jail sentence to serve the same on the ap-

pellants informing him that he is at liberty to assail the present judgment

passed by this Court by preferring an appeal before the Hon’ble Supreme

Court, if so advised, with the assistance of High Court Legal Services

Committee or the Supreme Court Legal Services Committee.

27. Sd/- Sd/-

(Arvind Kumar Verma) (Ramesh Sinha)

Judge Chief Justice

Jyoti