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2011 Supreme(Chh) 310

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sunil Kumar Sinha & Radhe Shyam Sharma, JJ.
Ghanshyam Verma
Vs.
State of C.G
Criminal Appeal No. 475 of 2008
[Alongwith Criminal Appeal No. 476 of 2008, Criminal Appeal No. 479 of 2008, Criminal Appeal No. 547 of 2008, Criminal Appeal No. 578 of 2008 and Criminal Appeal No. 709 of 2008]
Decided On: 11.10.2011

Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Smt. Kiran Jain, Advocate, in Cr.A. No. 475/2008, Shri H.S. Ahluwalia, Advocate, in Cr.A. No. 476/2008, Smt. Fouzia Mirza, Advocate, in Cr.A. No. 479/2008 and Cr.A. No. 709/2008, Shri Yashwant Tiwari and Shri Amiyakant Tiwari, Advocates, in Cr.A. No. 578/2008 and None, in Cr.A. No. 547/2008
For Respondents/Defendant:Shri Ashish Shukla, Government Advocate and Shri Ravindra Agrawal, Panel Lawyer, for the State/respondent

The main legal point established in the judgment is the distinction between intention and knowledge in determining culpable homicide, as well as the requirement to prove the formation of an unlawful assembly and the participation of each accused in the alleged crime.

Headnote:
Unlawful Assembly - Indian Penal Code - [147, 148, 294, 323, 324, 307, 302, 25, 27] - The court acquitted several appellants of charges under Sections 147, 148, 302/149, 323/149, 324, 323, 324, 307 IPC due to lack of evidence proving their participation in the unlawful assembly and riot. However, appellants Shankarlal Chhedaiya and Ishwari Banwasi were convicted under Section 302 read with Section 34 IPC for assaulting the deceased with sharp-edged weapons, resulting in his death. The court set aside their convictions under Sections 25 and 27 of the Arms Act.
Fact of the Case:

The appellants were convicted and sentenced for their involvement in a violent incident resulting in the death of a person and injuries to several others. The prosecution's case was based on the testimony of eyewitnesses and injured witnesses, who described the assault by the appellants with various weapons.
Finding of the Court:

The court found that the prosecution failed to prove the formation of an unlawful assembly and the participation of several appellants in the riot. However, it found appellants Shankarlal Chhedaiya and Ishwari Banwasi guilty of assaulting the deceased with sharp-edged weapons, resulting in his death.
Issues: The main issue was whether the appellants formed an unlawful assembly and had a common object to commit murder, and whether they were involved in the assault and subsequent death of the deceased.
Ratio Decidendi: The court held that the evidence did not establish the participation of several appellants in the unlawful assembly and the riot. However, it found appellants Shankarlal Chhedaiya and Ishwari Banwasi guilty of assaulting the deceased with sharp-edged weapons, leading to their conviction under Section 302 read with Section 34 IPC.
Final Decision: The court acquitted several appellants of the charges, while convicting appellants Shankarlal Chhedaiya and Ishwari Banwasi under Section 302 read with Section 34 IPC for the assault resulting in the death of the deceased. The convictions under Sections 25 and 27 of the Arms Act were set aside for all appellants.

JUDGMENT

Hon'ble Shri Radhe Shyam Sharma, J.

1. These appeals have been directed against judgment and order dated 11th April, 2008 passed by the Session Judge, Durg in Session Trial No. 266/2006, whereby the appellants have been convicted and sentenced in the following manner with a further direction to run the sentences concurrently :

Conviction

Sentence

Under Section 147 of IPC

R.I. for 1 year

Under Section 148 IPC

R.I. for 1 years

Under Section 302/149 IPC

Imprisonment for life with fine of Rs. 1,000/-, in default, to further undergo R.I. for 1 month

Under Section 323/149 IPC regarding injured Sunil Kumar Verma

R.I. for 1 year with fine of Rs. 500/-, in default, to further undergo R.I. for 15 days.

Under Section 324 IPC regarding injured Devendra Kumar Sapaha

R.I. for 2 years with fine of Rs. 500/-, in default, to further undergo R.I. for 15 days.

Under Section 323 IPC regarding injured Devendra Verma

R.I. for 1 year with fine of Rs. 500/-, in default, to further undergo R.I. for 15 days.

Under Section 324 IPC regarding Kuleep Nirmal

R.I. for 2 years with fine of Rs. 500/-, in default, to further undergo R.I. for 15 days.

Under Section 307 IPC regarding injured Lukesh Kumar Verma

R.I. for 4 years with fine of Rs. 2,000/-, in default, to further undergo R.I. for 1 month.

Conviction

Sentence

Appellants Ishwari Banvasi and Shankarlal Chhedaiya under Section 25 of the Arms Act

R.I. for 1 year with fine of Rs. 500/-, in default, to further undergo R.I. for 15 days.

Appellants Ishwari Banvasi and Shankerlal Chhedaiya under Section 27 of the Arms Act

R.I. for 3 years with fine of Rs. 500/-, in default, to further undergo R.I. for 15 days.

Case of the prosecution, in brief, is as under :

On the fateful day, i.e., 15-8-2006, at about 8.00 p.m., the accused persons/appellants were standing in front of Shourya Restaurant situated at Bharar Chowk, Patan. They were abusing and using filthy language and saying that Panderwale had quarreled, they all be assaulted, whosoever is found, be killed. Lukesh Kumar Verma (PW-13), Narendra Verma alias Pappu (the deceased), Sunil Kumar Verma (PW-22), Devendra Verma (PW-3), Kuldeep Nirmal (PW-2) and Devendra Kumar Sapaha (PW-19), who were sitting inside the restaurant, came out of it and asked the appellants as to why they were abusing, on which, the appellants said unanimously in filthy language that all Panderwale should be killed. Saying this, appellants Ishwari Banwasi and Shankarlal Chhedaiya with knife, appellant Durgesh Tiwari with rod and rest of the appellants with Danda, started assaulting them. Lukesh Kumar Verma (PW-13) sustained injury on his left rib, deceased Narendra Verma below the left rib in the back, Sunil Kumar Verma (PW-22) on the palm of his left hand, Devendra Verma (PW-3) in finger of his left hand, Kuldeep Nirmal (PW-2) on his head and back and Devendra Kumar Sapaha (PW-19) on the elbow of his right hand. Blood oozed out of their injuries. Rajesh Verma (PW-14), Sunil Kumar Sen (PW-12), Santosh Verma (PW-23) and Radheshyam Yadav (PW-25) took the injured persons to the hospital. Upendra Verma (PW-1) lodged First Information Report (Ex.P-1). Deceased Narendra Verma succumbed to the injuries in Sector-9 Hospital, Bhilai, R.K. Shrivastava (PW-24) sent information regarding death of Narendra Verma vide Ex.P-40. Merg Intimation (Ex.P-41) was recorded in Police Station Bhilai Nagar on 0/2006. Regular Merg Intimation (Ex.P-29) was recorded in Police Station Patan.

The Investigation Officer reached Sector-9 Hospital, Bhilai, gave notice (Ex.P-35) to Panchas and prepared inquest (Ex.P-36). Dead body of the deceased was sent for post mortem examination to District Hospital, Durg vide Ex.P-37. The post mortem was conducted by Dr. A.K. Soni (PW-28), who gave his report Ex.P-44 and found (i) stab wound, 2cms x 1cm x 3cms on the left side of the chest, 3cms lateral from the left nipple, (ii) penetrating wound, 21/2 cms x 1cm x deep in abdominal cavity on left side of the chest between 9th and 10th ribs, (iii) stab wou

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