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IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
Pritinker Diwaker, Arvind Singh Chandel, JJ.
Madari @ Abrar Ahmad & Ors. – Appellants
Versus
State of Chhattisgarh – Respondent
CRA No. 275, 429 of 2007, CRA No. 874, 872, 864, 864 of 2011, CRA No. 477 of 2013, CRA No. 1444 of 2017, CRR No. 462 of 2007
Decided On : 26-07-2018
Indian Penal Code, 1860 - Sections 147, 148, 302/149 & 120B, 302 – Appeal against Conviction – Murder Offence – Deceased and accused/appellant both were “Bus Operators” and running their business in name & style of “Mahindra Travels” & “Saddam Travels” respectively and on account of this, there was business rivalry between them - To put an end to such trade rivalry, a meeting of Bus Operators Association was convened but nothing fruitful could be achieved and on contrary, in the said meeting itself accused/appellant and his brothers had threatened the deceased for life. Due to this business rivalry, accused hatched up a conspiracy with co-accused to commit murder of deceased and for that purpose accused of village contract killers (hirelings), were engaged with help of accused, According to prosecution case, accused/appellant agreed to pay an amount to accused – Held, No reappraisal of evidence is possible. Even, the revisionist had failed to point out any legal infirmity in the impugned judgment of acquittal because of which it can be said that the same suffers from illegality or material irregularity - It is trite law that a judgment of acquittal should not be interfered with unless and until, it is found that the same suffers from patent error of law and the opinion recorded by the acquitting court is so patently absurd that it cannot be sustained at all. Involvement of acquitted accused by way of conspiracy or otherwise, in the murder of deceased Satwant Singh Gill alias Gappu, has not been proved by the prosecution beyond reasonable doubt - There is not an iota of evidence on record sufficient to establish the charge of conspiracy against acquitted accused or that he was well aware that the murder mystery was prevailing in the mind of accused Madari and he also acted in furtherance of the same. Acquittal of accused Mohd. Aslam is well merited and the opinion expressed by the trial Judge cannot be said to be patently absurd or not borne out from the record. Therefore, revision against acquittal preferred by the brother of deceased Satwant Singh Gill alias Gappu being without substance is liable to be dismissed – Appeal dismissed.
P. Diwaker, J.
1. Since the above criminal appeals arise out of the same incident, they are being disposed of by this common judgment.
2. By filing Criminal Appeal No.275/2007 accused/appellants namely Madari alias Abrar Ahmed, Bachhu alias Israel, Bafati alias Anwar, Noora alias Nooruddin have challenged the legality and propriety of judgment dated 8.3.2007 passed by the learned 12th Additional Sessions Judge, (FTC), Raipur in S.T. No.44/06 by which each of them has been convicted under Sections 147, 148, 302/149 & 120B r/w 302 of the Indian Penal Code (for short 'the IPC') and sentenced to undergo RI 2 years, RI for 2 years, RI for Life & fine of Rs.500/- and RI for life & fine of Rs.500/- respectively, with a direction that the sentences of imprisonment shall run concurrently.
3. Appellant Shameem alias Shameemuddin has filed Criminal Appeal No.864/2011 challenging the judgment of conviction and order of sentence dated 20.9.2011 passed by the learned 2nd Additional Sessions Judge, Raipur in ST No.44/2006 by which he has been convicted under Sections 147, 148, 302/149, 120B-II/302 of IPC and Sections 25 (1-B) II & 27 (1) of the Arms Act and sentenced to undergo RI 2 years; RI for 2 years; RI for life & fine of Rs.500/-; RI for life & fine of Rs.500/-; RI for 1 year and fine of Rs.500/- and RI for 3 years & fine of Rs.500/-, with usual default clauses, respectively.
4. Appellant Sharifuddin has filed Criminal Appeal No.872/2011 against the judgment of conviction and order of sentence dated 20.9.2011 passed by the learned 2nd Additional Sessions Judge, Raipur in ST No.44/2006 thereby convicting him under Section 120B read with Section 302 IPC and sentencing him to undergo RI for life and fine of Rs.500/-, in default to further undergo RI for 3 months.
5. Appellant Rayeesuddin @ Bachcha Pradhan has filed Criminal Appeal No.874/2011 assailing his conviction under Section 120B/302 of the IPC by the learned 2nd Additional Sessions Judge, Raipur vide impugned judgment dated 20.9.2011 passed in S.T. No.44/2006 and sentence imposed thereon.
6. Appellant Nasim @ Nasimuddin has filed Criminal Appeal No.477/2013 challenging the judgment dated 13.3.2013 passed by the 5th Additional Sessions Judge, Raipur in S.T. No.44/2006 convicting him for the offence under Sections 147, 148, 302/149, 120B/302 of IPC and Section 25 (1-B) (A) & 27 (1) of the Arms Act and sentencing him to undergo RI for 2 years, RI for 2 years, RI for life & fine of Rs.500/-, RI for life & fine of Rs.500/-, RI for 1 year & fine of Rs.500/- and RI for 3 years & fine of Rs.500/-, plus default stipulations, respectively with a direction that the sentences of imprisonment shall run concurrently.
7. Appellant Sunil Bhalkar has filed Criminal Appeal No.429/2007 assailing his conviction under Section 302/120B of IPC by the learned 12th Additional Sessions Judge, Raipur vide impugned judgment dated 8.3.2007 passed in S.T. No.44/2006 and sentence imposed thereon.
8. Appellant Farida alias Farid Ahmed has preferred Criminal Appeal No.1444/17 challenging the legality and propriety of judgment dated 15.9.2016 passed by 8th Additional Sessions Judge, Raipur in ST No.44/06 convicting him under Sections 147, 148, 302/149, 120B/302 of IPC and sentencing him to undergo RI for 2 years, RI for 2 years, RI for life & fine of Rs.500/- and RI for life & fine of Rs.500/-, plus default stipulations, respectively. All the sentences have been directed to be run concurrently.
9. Criminal Revision No.462/2007 has been filed by Lakhwant Singh Gill, elder brother of deceased, against the judgment of acquittal dated 08.03.2007 passed by the 12th Additional Sessions Judge (FTC), Raipur in ST No.44/06 thereby acquitting accused Mohd. Aslam alias Chacha of all the offences.
10. As per prosecution story, Satwant Singh Gill alias Gappu (since deceased) and accused/appellant Madari alias Abrar Ahmed both were “Bus Operators” and running their business in Raipur in the name & style of “Mahindra Travels” & “
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