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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
T.P. Sharma, Chandra Bhushan Bajpai, JJ.
Tijau Ram & Ors. – Appellants
Vs.
State of C.G. – Respondent
Criminal Appeal Nos. 883, 921, 943, 993, 999 of 2011, 5, 10, 11, 24, 25, 35, 42, 79, 87, 103, 105, 114, 173, 246, 294, 616, 617, 724 and 854 of 2012
Decided On: 17.04.2014
Indian Penal Code,1860 – Section 302,147,148,452,453 and 325 r/w 149 – Criminal Procedure Code,1973 – Section 161 - As per case of prosecution, unfortunate deceased, Ex-Sarpanch of Village, was sitting near a pond between Village, Police Station and Village along with (PW-11) - Local annual market "Madai" was scheduled during aforesaid period at Village Newari adjoining to Village - Members of adjoining villages were invited in aforesaid festival, but deceased was not invited - Appellants along with other persons about 200 in number rushed towards deceased, they were holding stick, they chased deceased & witness (PW-11) towards Village jumped in pond and deceased rushed and managed to enter his house - (PW-2), wife of deceased, closed and locked gate of shop of deceased with a view to block the entry of assailants in her house - Mob entered house of deceased and damaged household articles of deceased - Deceased came out from his house and rushed towards house of to save himself - Appellants encircled deceased and pelted stones on him, assaulted him with stick & battleaxe and ultimately, killed him - Thereafter, they dragged body of deceased in front of his house and took out household articles TV, fan, cycle, motorcycle, fridge, mattress, table cloth, Diwan in front of his house and set articles ablaze - They also threw body of the deceased on the burning fire and also threw dry grass upon the body of the deceased- Incident was regularly witnessed by (PW-1), nephew of deceased, from pond, he was following mob from pond to last place of incident - Appellants also caused grievous injuries to (PW-2), wife of deceased, police was informed by telephone and they reached to spot - At about (PW-1) lodged dehati nalishi vide Ex. P-1. -– Held, In light of aforesaid facts and circumstances and legal position, court are constrained to exercise revisional jurisdiction and take suo motu cognizance in terms of Section 401 of the CrPC against acquitted accused - Registry is directed to separately register a criminal revision against acquittal arrayed as accused No. 58 in judgment of trial Court making accused/non-applicant and victim (PW-3), daughter of deceased party in revision - Issue notice to non-applicant and victim - Notice be made returnable within four weeks - It be mentioned in the notice to victim that she may avail legal services of Advocate provided by Chhattisgarh High Court Legal Services Committee, if she needs - Revision be listed after service of notice. - Registry is further directed to tag record of the trial Court with the revision so registered - Appeal Partly Allowed.
T.P. Sharma, J.
1. Cr. A. Nos. 883/2011, 921/2011, 943/2011, 993/2011, 999/2011, 5/2012, 10/2012, 11/2012, 24/2012, 25/2012, 35/2012, 42/2012, 79/2012, 87/2012, 103/2012, 105/2012, 114/2012, 173/2012, 246/2012, 294/2012, 617/2012, 724/2012 & 854/2012 filed against the judgment dated 4-11-2011 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Special Act'), Raipur in Special Sessions Trial No. 47/2008 and Cr. A. No. 616/2012 filed against the judgment dated 4-11-2011 passed by the Special Judge under the Special Act, Raipur in Special Sessions Trial No. 83/2008 relating to same incident alleged to have been committed by members of Scheduled Caste against another member of Scheduled Caste are being disposed of by this common judgment.
2. By filing Cr. A. Nos. 883/2011, 921/2011, 943/2011, 993/2011, 999/2011, 5/2012, 10/2012, 11/2012, 24/2012, 25/2012, 35/2012, 42/2012, 79/2012, 87/2012, 103/2012, 105/2012, 114/2012, 173/2012, 246/2012, 294/2012, 617/2012, 724/2012 & 854/2012, the appellants have challenged legality and propriety of the judgment of conviction and order of sentence dated 4-11-2011 passed by the Special Judge under the Special Act, Raipur in Special Sessions Trial No. 47/2008, whereby & whereunder learned Special Judge, while acquitting the appellants and other co-accused of the charge under the Special Act, after holding the appellants guilty for forming unlawful assembly armed with deadly weapons having common object to commit murder of Dhakendra Bharadwaj @ Bholaram, causing grievous injuries to Ramlal @ Sugriv (PW-11) & Usha Bai (PW-2), causing simple injuries to Kum. Chandni (PW-3) and causing mischief by fire in furtherance of common object of the unlawful assembly, convicted & sentenced them as below:-
Conviction Sentence
Sec. 302 read with Sec. 149 of the IPC Imprisonment for life & fine of Rs. 2,000/- each, in default additional RI for six months
Sec. 147 read with Sec. 149 of the IPC RI for six months
Sec. 148 read with Sec. 149 of the IPC RI for six months
Sec. 452 read with Sec. 149 of the IPC RI for two years & fine of Rs. 500/- each, in default additional RI for three months
Sec. 427/453 read with Sec. 149 of the IPC RI for four years & fine of Rs. 500/- each, in default additional RI for three months
Sec. 325 read with Sec. 149 of the IPC RI for one year & fine of Rs. 250/- each, in default additional RI for three months
Sec. 325 read with Sec. 149 of the IPC RI for one year & fine of Rs. 250/- each, in default additional RI for three months
Sec. 323 read with Sec. with Sec. 149 of the IPC RI for three months
3. By filing Cr. A. Nos. 616/2012 appellants Chintaram Dhruv & Heera Lal have challenged legality and propriety of the judgment of conviction and order of sentence dated 4-11-2011 passed by the Special Judge under the Special Act, Raipur in Special Sessions Trial No. 83/2008, whereby & whereunder learned Special Judge while acquitting them of the charge under the Special Act, convicted & sentenced them in the following manner:-
Conviction Sentence
Sec. 302 read with Sec. 149 of the IPC Imprisonment for life & fine of Rs. 2,000/- each, in default additional RI for six months
Sec. 147 read with Sec. 149 of the IPC RI for six months
Sec. 148 read with Sec. 149 of the IPC RI for six months
Sec. 452 read with Sec. 149 of the IPC RI for two years & fine of Rs. 500/- each, in default additional RI for three months
Sec. 427/453 read with Sec. 149 of the IPC RI for four years & fine of Rs. 500/- each, in default additional RI for six months
Sec. 325 read with Sec. 149 of the IPC RI for one year & fine of Rs. 250/- each, in default additional RI for three months
Sec. 325 read with Sec. 149 of the IPC RI for one year & fine of Rs. 250/- each, in default additional RI for three months
Sec. 323 read with Sec. 149 of the IPC RI for three months
4. Conviction of the appellants is impugned on the ground that without there being an iota of evi
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