UDAY UMESH LALIT, INDIRA BANERJEE, M.R.SHAH
Manoj Suryavanshi – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT
M. R. Shah, J.
Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 08.08.2013 passed by the Division Bench of the High Court of Chhatisgarh at Bilaspur in Criminal Appeal No. 550 of 2013 and Criminal Reference No. 05 of 2013, by which the Division Bench of the High Court has dismissed the said appeal preferred by the appellantoriginal accused and has confirmed the judgment and order of conviction and death sentence awarded by the learned Trial Court for the offences punishable under Section 302 of the IPC for having killed the three minor children of the complainant Shivlal – P.W.18 and also for the offences punishable under Section 364 of the IPC, the original accused has preferred the present appeal.
3. As per the case of the prosecution, at 7.00 AM on 11.02.2011, two sons of one Shivlaloriginal complainant – Vijay aged about 8 years, Ajay aged about 6 years and Kumari Sakshi aged about 4 years left their home in Darripara to attend the school at Karaihapara and reached the school. On the school getting over at 11.30 AM, the
Santa Singh v. State of Punjab (1976) 4 SCC 190 – Distinguished [Para 7.1]
Allaudin Mian v. State of Bihar (1989) 3 SCC 5 – Distinguished [Para 7.9]
Chhannu Lal Verma v. State of Chhattisgarh (2019) 12 SCC 438 – Referred [Para 7.1]
Rajesh Kumar v. State (NCT of Delhi) (2011) 13 SCC 706 – Referred [Para 7.1]
Ajay Pandit @ Jagdish v. State of Maharashtra (2012) 8 SCC 43 – Referred [Para 7.1]
Gurvail Singh v. State of Punjab (2013) 2 SCC 713 – Referred [Para 7.4]
Amit v. State of Uttar Pradesh (2012) 4 SCC 107 – Referred [Para 7.4]
Kalu Ram v. State of Rajasthan (2015) 16 SCC 492 – Referred [Para 7.5]
Sudam v. State of Maharashtra (2019) 9 SCC 388 – Referred [Para 7.5]
Baba Vishwakarma v. State of M.P. (2019) 9 SCC 689 – Referred [Para 7.5]
Shaikh Ayub v. State of Maharashtra (1998) 9 SCC 521 – Referred [Para 7.9]
Dharmedrasinh v. State of Gujarat (2002) 4 SCC 679 – Referred [Para 7.9]
Nemu Ram Bora v. State of Assam & Nagaland (1975) 1 SCC 318 – Referred [Para 7.9]
Brajendra Singh v. State of M.P. (2012) 4 SCC 289 – Referred [Para 7.9]
Leema Ram v. State of Haryana [AIR 1999 SC 3717 – Relied [Para 21]
Malkiat Singh Case (1991) 4 SCC 341 – Relied [Para 31]
Auguswamy v. State of Tamil Nadu
Vasanta Sampat Dupare v. State of Maharashtra (2017) 6 SCC 631 – Relied [Para 31]
Tarlok Singh v. State of Punjab
Ramdeo Chauhan v. State of Assam
Machhi Singh v. State of Punjab (1983) 3 SCC 470 – Relied [Para 25.2]
Mohd. Chaman v. State (NCT of Delhi) (2001) 2 SCC 28 – Relied [Para 25.2]
Aloke Nath Dutta v. State of W.B. (2007) 12 SCC 230 – Relied [Para 25.2]
State of Punjab v. Manjit Singh (2009) 14 SCC 31 – Relied [Para 25.2]
Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra (2009) 6 SCC 498 – Relied [Para 25.2]
Sebastian v. State of Kerala (2010) 1 SCC 58 – Relied [Para 25.2]
Rajesh Kumar (supra); Ramesh v. State of Rajasthan (2011) 3 SCC 685 – Relied [Para 25.2]
Mohinder Singh v. State of Punjab (2013) 3 SCC 294 – Relied [Para 25.2]
Sushil Sharma v. State (NCT) of Delhi (2014) 4 SCC 317 – Relied [Para 25.2]
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