HIGH COURT OF CHHATTISGARH AT BILASPUR DFUISION BBNCH CORAM: HON'BLBMR. T.P.8HARMA& HOH'BLE MR. R.L. JHANWAR. AJ, CRUUNAI. APPEAL No. 820/2010 APPEU.ANT PROSECUTION RBSPONDBNT ACCUSED VBRSUS State of Chhattisgarh, Through ffae District Magistrate District Siirguja (C.G.). Rajendra Prasad Agiawal, S/o Ramchandra Agrawal, Aged about 50 years, Occ'upation Bustness, R/o Surajpura, P.S. Lalpur, District Bilaspur (CG). CRIMmAL KPFBKL UNDER SECTION 377 OF THB CODB OF CRIMmAL PROCBDURE FOR ENHANCBMENT OF 'HIB SENltarcE AWARDED. -^ ......._ ....__.__• _. . .. .__ . .. .. .._._ ' ' • • - - --- Preseirt:-"ShrfS.R.J. Jaiswal, P.L. fbr thc State/appeyant. SM-i V.K. Pandey, Advocate for the respondent. OiRAL-JUDOEaUEa (Passedon 11/01/2011) The foUowicffi mdgment of the Courtwas oassed bv T.P. Sharma, J:- 1. Present criminal appeal has been filed after 1799 days of its Umitation. 2. Heard on I.A. No. 01/10 appllcation for condonation of delay in filing fhe appeal. 3. Leamed counsel for the appellant/State submits fhat previously State has erroneously Bled an appUcation under Secdon 378 (3) of the Cr. P.C. which has been dismissed as withdrawn vide judgment dated 4/3/2010 thereafter State/appellant has filed criinmal appeal under Section 377 of the Code of Criminal Procedure, 1973. 4. Considerii^ the pendency of crlmmal appeal, I.A. No. Ol/10 is aUowed. Delay in flling the criininal appeal is hereby condoned. 5. Heard on admission. 6. This is crimmal appeal under Sectton 377 of the Code of Crimiaal Procediire for enhancement of senteace awarded ia Sessions Trial No. 147/08 passed by Sessioiis Judge, Surguja (Ambikapur) vide judgment cteEbe3-4/5/2005 in which after holdir^ the respondent guUty for the offence piinishuable under Sections 307, 450 & 323 of fhe Indian Penal Code convlcted fhe appeUant and sentenced r^orous hnprisonmerit for 5 years and fine of Rs. 5000/- in default of payment of fine amount further rigorous imprisoiiment for 6 months, rigorous unprisonment for 3 years and fine of Rs. 3000/- in defai.ilt of payment of fine amount further rigorous imprisonment for 3 monfhs and rigorous f unprisonment for 6 monfhs»and fine of Rs. 500/- in default of payment of fine amount further rigorous imprisonment for 1 month respectively. 7. Leamed counsel for fhe parties are heard. ' - -_J s^ 8. Leamed counsel for the State/appellant submits fhat trial Court has awarded in adequate sentence under Sections 307, 450 & 323 of the Indian Penal Code and has not considered the gravity of the oflfence. 9. Onthe ofher hand, leamed counsel for fhe respondent opposed the appeal. 10. Judgment tmpugned and record perused, without golng tnto merits of ttie convlction and touching the area of findmg of conviction of fhe respondent which has not been chaUenged in the present appeal in the light o£ injury caused to fhe complainant and its nature and the sentence imposed, we do not find prima facie any illegality ysqwrmg any uiterference in exerdse of appellate Jl.irisdictioa. Consequentty, criminal appeal is dismissed sujnmarily. ~ Sd/- T.P.Sharma Judge Sd/- R.L. Jhanwar Judge