^ ^^f^ fe'^ ^^,y '^\, L// HIGH COURT QF CHHATTSSGARH AT BILASPUR Criminal ARpea! No. 460 of 2009 SB : Hon'bie Mr. T.P. Sharma, J. A.DDeltant Prosecution ResRondente Accussd Vs. 1. State of Chhattisgarh, Through the Djstrict Magistrate District Durg (C.G.) Joginder Singh @ Kalu, S/o Swarna Singh, Aged about - 24 years, R/o Subhash Market, Khursipar, P.S.Khursipar, District Durg. Mantu @ Tjjender Prasad, S/o Kedarnath, Aged about - 21 years, R/o OSd KhursSpar Gate. P.SXhursipar, District Durg. Shivcharan @ Gandhi Sharma, S/o Livi, Aged about-22 years. R/o Khursipar Gate, Shivaji Nagar, P.S.Khursipar, District Durg. Sanja.y Kumar @ Rajesh, S/o Gulab Singh, Aged about - 23 years R/o Subhash Nagar, Khursipar, P.S. Khursipar, District Durg. (CRSMINAL APPEAL UNDER SECTJON 377 OF THE CODE OF CR!M!N.AL PROCEDURE) (SB: Hon'ble Mr. TP. Sharma, J.) MrAkhil Mjshra, Deputy Govemment Advocate for the appellant. 2. 3. 4. ORAL JUDGMENT (Passed on 29th June, 2009) Heard. The appellant has filed this appeal under Section 377 of the Code of Crimina! Procedure for enhancement of the sentnece awaded to the respondents by the First Additional Sessions Judge, Durg, in Sessions Trial No.37/08 vide judgment of convictin & order of sentence dated 27>4.2009whereby jearned First Additiona! Sessions Judge after holding the respondents gujlty for the offence punjshable under Sections 450, 395 & 397 of the Indlan Penal Code and respondent No.3 Shivcharan under section 25 of the Arms Act, each of them have sentenced them to undergo R.l. for 7 years and to pay a fine of RsJOO/- on each ;aii^ I, ..£?' -2.- count ancj additional sentence to Shivcharan @ Gandhi Sharma and R.S. for 1 years and to pay a fine of Rs.100/-. Undisputed facts of the case are that the respondents have committeci the offence relating to property vaiued at Rs 4Q,000/- but they have not caused any injury to the complainant by weapons which are sei^ed from the possession of the respondents. Taking into consideration the act attributed by the respondents and the sentence awarded to them, 1 do not find any illegality, jnadequacy or grond for enhanecement, Consequently, the appeal desen/es to be dismissed and it is hereby dismissed atthe stage of admission. Sd/- T.P. Sharma Judge s^