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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K. AGRAWAL, SACHIN SINGH RAJPUT, JJ.
Laxminarayan S/o Radheshyam – Appellant
Versus
State of Chhattisgarh – Respondent
Criminal Appeal Nos. 937, 947, 966, 969, 970, 1029, 1068 of 2013, Acquittal Appeal No. 59 of 2013
Decided On : 23-09-2022
JUDGMENT :
SANJAY K. AGRAWAL, J.
1. Regard being had to the similitude of the questions of facts and law involved, as all these appeals are clubbed together being arising out of a common judgment dated 31.08.2013 passed in Sessions Trial No. 64 of 2011 ( State of Chhattisgarh vs. Narayan and Others ) by the Court of learned Additional Sessions Judge, Mungeli, District Bilaspur (C.G.) these appeals have been clubbed together, heard together and are being decided by this common judgment.
2. Criminal Appeals No. 937/2013, 947/2013, 966/2013, 969/2013, 970/2013, 1029/2013 and 1068/2013 are preferred under Section 374(2) of Cr.P.C. questioning the impugned judgment of conviction and order of sentence dated 31.08.2013, whereby following 16 appellants-accused persons have been convicted for the offences and sentenced to undergo as under:
| CRA-937-2013: Laxminarayan (A-14) and Rajkumar (A-16) | |
| Conviction | Sentence |
| U/s. 302/149 of IPC | R.I. for life with fine of Rs. 1000/- each and in default of fine, additional R.I. for 01 year each. |
| U/s. 147 of IPC | R.I. for 03 years with fine of Rs. 500/- each and in default of fine, additional R.I. for 01 month each. |
| U/s. 323/149 of IPC (for causing injury to Kejaram) | R.I. for 01 year with fine of Rs. 500/- each and in default of fine, additional R.I. for 1 month each. |
| U/s. 323/149 of IPC (for causing injury to Moujiram) | R.I. for 01 year with fine of Rs. 500/- each and in default of fine, additional R.I. for 1 month each. |
| U/s. 323/149 of IPC (for causing injury to Ramgulam) | R.I. for 01 year with fine of Rs. 500/- each and in default of fine, additional R.I. for 1 month each. |
| (All substantive sentences to run concurrently) | |
| CRA-947-2013: Jagdish (A-05) and Shivnandan (A-12) | |
| U/s. 302/149 of IPC | R.I. for life with fine of Rs. 1000/- each and in default of fine, additional R.I. for 01 year each. |
| U/s. 147 of IPC | R.I. for 03 years with fine of Rs. 500/- each and in default of fine, additional R.I. for 01 month each. |
| U/s. 323/149 of IPC (for causing injury to Kejaram) | R.I. for 01 year with fine of Rs. 500/- each and in default of fine, additional R.I. for 1 month each. |
| U/s. 323/149 of IPC (for causing injury to Moujiram) | R.I. for 01 year with fine of Rs. 500/- and in default of fine, additional R.I. for 1 month each. |
| U/s. 323/149 of IPC (for causing injury to Ramgulam) | R.I. for 01 year with fine of Rs. 500/- each and in default of fine, additional R.I. for 1 month each. |
| (All substantive sentences to run concurrently) | |
| CRA-966 -2013: Shatruhan (A-10) | |
| U/s. 302/149 of IPC | R.I. for life with fine of Rs. 1000/- and in default of fine, additional R.I. for 01 year. |
| U/s. 148 of IPC | R.I. for 03 years with fine of Rs. 500/- and in default of fine, additional R.I. for 01 month. |
| U/s. 323/149 of IPC (for causing injury to Kejaram) | R.I. for 01 year with fine of Rs. 500/- and in default of fine, additional R.I. for 1 month. |
| U/s. 323/149 of IPC (for causing injury to Moujiram) | R.I. for 01 year with fine of Rs. 500/- and in default of fine, additional R.I. for 1 month. |
| U/s. 323/149 of IPC (for causing injury to Ramgulam) | R.I. for 01 year with fine of Rs. 500/- and in default of fine, additional R.I. for 1 month. |
| (All substantive sentences to run concurrently) | |
| CRA-966 -2013: Kabilash (A-13) | |
| U/s. 302/149 of IPC | R.I. for life with fine of Rs. 1000/- and in default of fine, additional R.I. for 01 year. |
| U/s. 147 of IPC | R.I. for 03 years with fine of Rs. 500/- and in default of fine, additional R.I. for 01 month each. |
| U/s. 323/149 of IPC (for causing injury to Kejaram) | R.I. for 01 year with fine of Rs. 500/- and in default of fine, additional R.I. for 1 month. |
| U/s. 323/149 of IPC (for causing injury to | |
AI
The main legal point established in the judgment is the requirement to prove the constitution of an unlawful assembly and the applicability of vicarious liability under Section 149 of IPC.
In a case of free fight, individual accountability limits the applicability of collective liability under section 149 IPC, thus questioning the validity of convictions based solely on generalized acc....
The main legal point established in the judgment is the liability of members of an unlawful assembly under the Indian Penal Code, particularly the application of Sections 141, 143, 144, 146, and 149 ....
Murder and rioting – Sans unlawful assembly case of each accused has to be considered according to his individual act.
Section 141 of IPC states that an “unlawful assembly” is an assembly of five or more persons, if their common object is to commit mischief, criminal trespass or any other offence.
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