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VIKRAM NATH, SANDEEP MEHTA
Govind Mandavi – Appellant
Versus
State Of Chattisgarh – Respondent
JUDGMENT :
Sandeep Mehta, J.
1. Heard.
2. Leave granted.
3. The appellant-Govind Mandavi1[Hereinafter, referred to as the “accused-appellant”.], along with co-accused Narender Nag and Mansingh Nureti (both of whom stand acquitted by the High Court of Chhattisgarh at Bilaspur2[Hereinafter, referred to as the “High Court”.]), were put to trial before the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, North Bastar, Kanker3[Hereinafter, referred to as the “trial Court”.], in Special Penal Case No. 65 of 2021. Upon conclusion of the trial, vide judgment and order dated 28th January, 2023, the accused- appellant and co-accused Mansingh Nureti were convicted for the offences punishable under Sections 302/34 and 460 of the Indian Penal Code, 18604[For short, ‘IPC’.], and were sentenced in the following manner:
| Sections | Sentence | Penalty/Fine | Sentence in default of payment of fine |
| Section 302 r/w 34 IPC. | Life Imprisonment | Rs.10,000/- | Six months RI |
| Section 460 IPC. | Ten Years RI | Rs.5000/- | Three months RI |
4. Accused Narender Nag was held guilty of the offences punishable under Sec
Murder and lurking house trespass – Omission of names of accused in FIR is fatal as it goes to very root of matter.
The prosecution must establish the identity of the accused beyond reasonable doubt; weak witness identification leads to acquittal.
Hurt, attempt to murder and house trespass – Dock identification has no meaning at all where Investigating Officer has not been examined and TIP is not available on record – Dock identification by fe....
Failure of prosecution to prove charge beyond reasonable doubt due to inordinate delay in FIR and weak identification evidence.
The court clarified that identification procedures must meet strict standards to ensure reliability; failure to do so results in acquittal due to reasonable doubt.
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