IMPORTANT POINT
Murder and rioting – Sans unlawful assembly case of each accused has to be considered according to his individual act.

JUDGMENT (ON BOARD)

Sanjay K. Agrawal, J.—Since both the aforesaid appeals arise out of the same judgment dated 14.09.2015 passed by Additional Sessions Judge Bastar at Jagdalpur in Sessions Trial No. 22/2014, they are disposed of by this common judgment.

2. By way of these two appeals filed under Section 374 (2) of the Code of Criminal Procedure the appellants have assailed the judgment impugned dated 14.09.2015 passed by Additional Sessions Judge Bastar at Jagdalpur in Sessions Trial No. 22/2014 convicting them under Sections 302 and 147 IPC and sentencing each of them to undergo imprisonment for life with fine of Rs. 100/-, in default of payment of fine to further undergo RI for one month u/s 302, and SI for six months u/s 147 IPC. Two other accused persons namely Sukuldhar and Karan Yadav have however been acquitted of all the charges levelled against them.

3. Briefly stated facts of the case leading to the disposal of these appeals are that on 05.11.2013 at about 4.30 PM the accused/appellants herein - six in number and two others who have been acquitted by the trial Court had formed an unlawful assembly in front of the Swarupa Grocery Shop at Kumharpara Jagdalpur and assaulted Jogendra Baghel with club, knife, tube light rod and thus committed the offence under Sections 302/149 and 147 IPC. It is alleged that on the date of incident at about 4 PM the deceased Jogendra Baghel along with Trilochan Soni (PW-10) and Ilu @ Ramchandra (PW-11) was going from Tiranga Chowk to Kumharpara in an auto and when they reached near the Swarupa Grocery Shop, the auto was made to stop; Trilochan Soni went to meet one Harish (not examined) living nearby whereas deceased Jogendra Baghel and Ilu @ Ramchandra stayed back at the shop. According to the case of prosecution, from the house of Harish, Trilochan Soni heard the cries of Jogendra Baghel “bachao bachao” and when he rushed back to the spot, scuffle coupled with beating was going on between the accused persons and Jogendra Baghel, and when he too raised an alarm, all the accused persons ran away. It is stated that while falling down, Jogendra Baghel had told Trilochan Soni that the accused persons had assaulted him with knife. Jogendra Baghel had suffered injuries on chest and shoulders. He was then taken to Mahrani Hospital, Jagdalpur with the help of one passerby Prasannajit where he succumbed to the injuries during treatment. On the information given by Trilochan Soni (PW-10), merg (Ex. P-21) was recorded followed by registration of FIR (Ex. P-20) for the offences punishable under Sections 302, 147, 148 and 149 IPC. The dead body was sent for postmortem examination which was conducted by Dr. Pawan Tekde (PW-6) who gave his report (Ex. P-13). Thereafter, on the memorandum of accused Mosu @ Suresh Baghel (Ex.P-9), a bamboo stick was seized under (Ex. P-16); his clothes worn at the time of incident were seized under (Ex. P-17) and a white colour mobile phone was seized under (Ex. P-19), and on the memorandum of accused Arjun @ Naga (Ex.P-10), a bamboo stick was seized under (Ex. P-18). On the memorandum of accused Rajesh Manjhi (Ex. P-24) recorded on 7.3.2014 i.e. almost three months after the incident, a knife was seized under (Ex. P-25) and broken pieces of tube light rod were seized under (Ex. P-26). According to FSL report (Ex. P-41) no blood was found on knife. After thus completing investigation, the charge-sheet was filed by the police followed by framing of charge against all the accused persons under Sections 147, 302/149 IPC.

4. So as to prove the complicity of the accused/appellants in the crime in question, prosecution has examined as many as 18 witnesses. Statements of the accused/appellants under Section 313 CrPC were also recorded in which they pleaded their innocence and false implication in the case. Defence has also examined one witness namely Ramsingh (DW-1) in support of its case.

5. After hearing the parties and going through the material available on record in