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2023 Supreme(Chh) 459

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY, JJ
Ravishankar Tandon, Son of Shivkumar Tandon – Appellant
Versus
State of Chhattisgarh – Respondent
Criminal Appeal No.194 of 2013, Criminal Appeal No. 277 of 2013, Criminal Appeal No. 232 of 2013
Decided on : 02-01-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. Rishi Rahul Soni, Ms. Indira Tripathi, Mr. Gautam Khetrapal, Advocate
For the Respondent: Ms. Ruchi Nagar, Dy. G.A.

Headnote:

Criminal Procedure Code, 1973 - Section 374(2), 161 – Indian Penal Code, 1860 - Sections 302, 201, 120-B, A & 34 - Murder offence – Appeal against conviction - Appeal filed by appellants questioning impugned judgment of conviction and order of sentence – Held, appellant (A-1) in his memorandum statement (Ex.P/10), which is proved by (PW-05), has clearly disclosed that appellant (A-3) entered into criminal conspiracy with him and (A-4) to kill for an amount - It was not in knowledge of police till said disclosure is made by appellant - Ingredients of Section 120-A & 120-B of IPC are fully satisfied and court is of considered opinion that learned trial Court is absolutely justified in convicting appellant and other accused-appellants herein for offence under Section 302 of IPC with aid of Section 120-B of IPC and in view of above stated discussion judgments relied upon by learned counsel in the matters of Asar Mohd. (supra) and Bijender (supra) are clearly distinguishable and inapplicable to facts of present case – Appeals dismissed.

JUDGMENT :

Sanjay K. Agrawal, J

(1) Regard being had to the similitude of the questions of fact and law involved; these batch of appeals are clubbed together being arising out of a common judgment dated 05.02.2013, passed in Sessions Trial No.10 of 2012 (State of Chhattisgarh vs. Ravishankar and 03 others), by the Court of learned Additional Sessions Judge, Mungeli and they have been heard analogously and are being disposed off by this common judgment.

(2) Criminal Appeal No. 194 /201 3 has been filed by the appellants, namely, Ravishankar (A-1) and Umend Prasad Dhrutlahre (A-2) under Section 374(2) of Cr.P.C. questioning the impugned judgment of conviction and order of sentence dated 05.02.2013, whereby they have been convicted and sentenced as under:

Conviction Sentence

U/s. 302/34 of IPC R.I. for life with fine of Rs.1,000/- each and, in default of fine, additional R.I. for 01 year each.

U/s. 120-B of IPC R.I. for life with fine of Rs.1,000/- each and, in default of fine, additional R.I. for 01 year each.

U/s. 201 of IPC R.I. for 03 years with fine of Rs.500/- each and, in default of fine, additional R.I. for 06 months each.

(3) Criminal Appeal No.232 of 2013 has been filed by the appellant, namely, Dinesh Chandrakar (A-3) under Section 374(2) of Cr.P.C. questioning the impugned judgment of conviction and order of sentence dated 05.02.2013, whereby he has been convicted and sentenced as under:

Conviction Sentence

U/s. 302/34 of IPC R.I. for life, with fine of Rs.1,000/- and, in default of fine, additional R.I. for 01 year.

U/s. 120-B of IPC R.I. for life, with fine of Rs.1,000/- and, in default of fine, additional R.I. for 01 year.

(4) Criminal Appeal No.277 of 2013 has been filed by the appellant, namely, Satyendra Kumar Patre (A-4) under Section 374(2) of Cr.P.C. questioning the impugned judgment of conviction and order of sentence dated 05.02.2013, whereby he has been convicted and sentenced as under:

Conviction Sentence

U/s. 302/34 of IPC R.I. for life with fine of Rs.1,000/- and, in default of fine, additional R.I. for 01 year.

U/s. 120-B of IPC R.I. for life with fine of Rs.1,000/- and, in default of fine, additional R.I. for 01 year.

U/s. 201 of IPC R.I. for 03 years with fine of Rs.500/- and, in default of fine, additional R.I. for 06 months.

(5) In short, the case of the prosecution is that: between 30.11.2011 to 03.12.2011, at Village Bhatgaon, within the ambit of Police Station Mungeli, accused-appellants herein, namely, Ravishankar (A-1), Umend Prasad Dhrutlahre (A-2), Dinesh Chandrakar (A-3) and Satyendra Kumar Patre (A-4), in furtherance of their common object and intention, entered into criminal conspiracy and committed murder of Dharmendra Satnami (deceased) by strangulation and, further, in order to screen themselves from said act of committing murder of Dharmendra Satnami (deceased), threw the dead-body of Dharmendra Satnami (deceased) in pond and, thereby, committed the above stated offences punishable under Sections 302, 201, 120-B & 34 of IPC.

(6) The further case of the prosecution is that: on 02.12.2011, Ramavtar (PW-01), father of Dharmendra Satnami (deceased), lodged missing person report at Police Station Kunda, as his son- Dharmendra went missing, upon which extensive search was made; during the course of said search and on the basis of suspicion, interrogation was made from the accused-appellants herein, wherein it was revealed that accused-appellants herein committed murder of Dharmendra Santnami at Bhatgaon River Road and threw his dead-body in the pond; thereafter, on 03.12.2011 at 10:00 AM, memorandum statement of accused- Ravishankar (A-1) was recorded vide Ex.P/10, similarly on the same day after half an hour, i.e., at 10:30 AM memorandum statement of accused Umend Prasad Dhrutlahre (A-2) was recorded vide Ex.P/11 and, on very same day, i.e. on 03.12.2011 at 11:00 AM, memorandum statement of accused- Dinesh Chandrakar (A-3) was also recorded vide Ex.P/12, and memorandum statement of Satyendra Kumar

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