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2023 Supreme(Chh) 152
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K. AGRAWAL, ARVIND SINGH CHANDEL, JJ.
Mannu Ram Goti S/o Shekhu Ram Goti – Appellant
Versus
State of Chhattisgarh – Respondent
Criminal Appeal Nos. 1144, 1175, 1223, 1237 of 2013, Criminal Appeal No. 467 of 2015
Decided On : 05-05-2023
Advocate Appeared:
For the Appellants : Dharmesh Shrivastava, H.S. Patel, Sandeep Shrivastava, Anchal Kumar Matre, Arvind Sinha.
For the Respondent: Ashish Tiwari.
Headnote:
Indian Penal Code,1860 - Section 450, 376(2)(b) read with clauses (c), (f), (g) read with Sections 34 and 35 read with Section 120B - Criminal Procedure Code,1973 - Section 374(2) - Offence of Rape - Extorion - - Conspiracy - House tress pass - Whether consecutive life sentences can be awarded to a convict on being found guilty of a series of murders for which he has been tried in a single trial - Held, in view of definition of Extortion contained in Section 383 of IPC which is punishable 384 of IPC and further in view of decision of Supreme Court in matter of court are of considered opinion that no offence Section 384 as well as 506 of IPC is established against - Court find that there is sufficient evidence available on record to convict them Section 201 of IPC - Accordingly conviction of A-5 and A-6 Section 384 read with Section 506 of IPC is set aside and they are acquitted of said charge - However their conviction Section 201 of IPC is hereby affirmed - Since they were in jail from thereby already suffered the sentence of year months days - Court award sentence of period already undergone by them year months days for offence - Appeal Disposed of.
JUDGMENT :
SANJAY K. AGRAWAL, J.
1. Since all the six criminal appeals have arisen out of one and same impugned judgment dated 30-10-2013 passed by the Special Judge (Atrocities), North Bastar Kanker in Special (Atrocities) Sessions Trial No. 7/2013 and since common question of fact and law is involved in all the six appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.
2. These six criminal appeals have been preferred by the accused/appellants (A-1 to A-8) under Section 374(2) of the Cr.P.C. against the impugned judgment convicting and sentencing them as under:
| Mannuram Goti (A-1) | |
| Conviction | Sentence |
| Section 450 of the IPC | RI for ten years and fine of Rs. 500/- in default, additional RI for two months |
| Section 376(2)(g) read with clauses (b), (c), (f) read with Section 120B of the IPC for committing offence against victims No. 1 to 12 and 15 | Imprisonment for life and fine of Rs. 500/- in default, additional SI for two months (12 times) |
| Section 354 of the IPC for committing offence against victims No. 13 and 14 | RI for three years and fine of Rs. 200/- in default, additional SI for one month (two times) |
| Section 119 of the IPC | RI for five years |
| Section 201 of the IPC | RI for three years and fine of Rs. 500/- in default, additional SI for two months |
| Except sentences under Sections 119 and 201 of the IPC, other remaining sentences were directed to run consecutively | |
| Deenanath Nagesh (A-2) | |
| Section 450 of the IPC | RI for ten years and fine of Rs. 500/- in default, additional SI for two months |
| Section 376(2)(g) read with clauses (b), (c), (f) read with Section 120B of the IPC for committing offence against victims No. 2 to 5, 7, 9 and 10 | Imprisonment for life and fine of Rs. 500/- in default, additional SI for two months (7 times) |
| Section 354 of the IPC for committing offence against victims No. 13 and 14 | RI for three years and fine of Rs. 200/- in default, additional SI for one month (two times) |
| Section 119 of the IPC | RI for five years |
| Section 201 of the IPC | RI for three years and fine of Rs. 500/- in default, additional SI for two months |
| Except sentences under Sections 119 and 201 of the IPC, other remaining sentences were directed to run consecutively | |
| Babita Markam (A-3) | |
| Section 376(2)(b) read with clauses (c), (f), (g) read with Sections 34 and 35 read with Section 120B of the IPC | Imprisonment for life and fine of Rs. 500/- in default, additional SI for two months |
| Section 119 of the IPC | RI for five years and fine of Rs. 500/- in default, additional SI for two months |
| Section 201 of the IPC | RI for three years and fine of Rs. 500/- in default, additional SI for two months |
| Section 506 of the IPC | RI for one year |
| Except sentences under Sections 119 and 201 of the IPC, other remaining sentences were directed to run consecutively | |
| Sagar Katlam (A-4) | |
| Section 201 of the IPC | RI for three years and fine of Rs. 500/- in default, additional SI for two months |
| Section 202 of the IPC | RI for six months |
| Section 506 of the IPC | RI for one year |
| Sentences were directed to run consecutively | |
| Sukalu Netam (A-5) | |
| Section 201 of the IPC | RI for three years and fine of Rs. 500/- in default, additional SI for two months |
| Section 384 read with Section 506 of the IPC | RI for two years |
| Sentences were directed to run consecutively | |
| Lachhuram Salam (A-6) | |
| Section 201 of the IPC | RI for three years and fine of Rs. 500/- in default, additional SI for two months |
| Section 384 read with Section 506 of the IPC | RI for two years |
| Sentences were directed to run consecutively | |
| Sughan Singh Naverji (A-7) | |
| Section 119 of the IPC | RI for five years and fine of |
