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SANJAY K. AGRAWAL, AMITENDRA KISHORE PRASAD
Vidhyanand Rathore, S/o. Ram Ratan Rathore – Appellant
Versus
State of Chhattisgarh, through District Magistrate, Raigarh (C. G. ) – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Assail in the present batch of Criminal Appeals, under Section 374(2) of the Code of Criminal Procedure, 1973 (in short ‘CrPC’), filed by the accused/appellants herein, except Criminal Appeal No.383/2019 which has been filed by the complainant, is to the legality, validity and correctness of the Judgment dated 30.1.2019 passed by learned Fifth Additional Sessions Judge, Raigarh in Sessions Case No.27/2018, whereby the accused/appellants i.e. A-1 Vidhyanand Rathore, A-2 Rajesh Kumar Rathore, A-3 Rambhagat Rathore, A-4 Dron Kumar Rathore, A-5 Yugansh @ Golu Rathore, A-6 Rajesh Kurre, A-7 Rajkumar Sidar, A-8 Yudhisthir Rathore, A-9 Bhola Nishad, A-10 Gopal Nishad, A-11 Prashant Rathore and A-12 Vicky @ Gaurav Singh, have been convicted for offence punishable under Sections 147, 148, 294, 449 (in place of Section 458), 506 (Part-II) and 302/149 of the Indian Penal Code, 1860 (for short ‘IPC’) and sentenced thereunder in the manner as mentioned in the chart given below:-
| Conviction | Sentence |
| 1. Under Section 147 IPC. | Sentence awarded under Section 148 IPC. |
| 2. Under Section 148 IPC. | 1. Rigorous Imprisonment for 03 years. |
The court clarified that mere presence in an unlawful assembly does not imply guilt for murder unless direct involvement in the act causing death is established.
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 ....
(1) Culpable homicide not amounting to murder – When repeated blows are inflicted on parietal and temporal regions with lathis, resulting in bone-deep lacerations causing fractures and brain damage a....
Identity of persons comprising assembly is a matter relating to determination of guilt of individual accused.
The main legal point established in the judgment is the application of Section 149 IPC to determine the common object of the unlawful assembly and the vicarious liability of the accused, as well as t....
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.
The central legal point established in the judgment is the assessment of evidence, contradictions in witness testimony, and the applicability of specific sections of the Indian Penal Code, considerin....
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