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GOUTAM BHADURI, RAJANI DUBEY
Kamlesh Jangde, S/o Phool Kumar – Appellant
Versus
State of Chhattisgarh through Station House Officer, Police Station – Arang – Respondent
JUDGMENT :
Goutam Bhaduri, J.
Heard.
1. Since both the appeals are arising out of the common impugned judgment passed by the trial Court, they are being heard and decided together by this common judgment.
2. The appeals are against the judgment of conviction and order of sentence dated 30.09.2021 passed by the Additional Sessions Judge, Raipur, District Raipur, (C.G.) in Sessions Trial No. 137/2019 whereby the appellants have been convicted under Sections 302/149, 307/149, 341 & 148 of the Indian Penal Code (IPC) and sentenced them to undergo R.I. for life Imprisonment, R.I. for 5 years, R.I. for 01 month and R.I. for 1 year, respectively and to pay fine amount of Rs. 500/- in respect of each of the offence with default stipulations.
3. The case of the prosecution, in brief, is that on 05.04.2019 at 05:30 O’clock the complainant Bisahu Ram Chandrakar (PW-1) made a report that while he was coming back from his agriculture field, when he reached near the pond Parsahi of his village, he saw his brother Chintamani Chandrakar (since deceased), nephew Manish Kumar Chandrakar (injured) and Naresh Chandrakar were being assaulted by namely; Sevaram Jangde (A-1), Kamlesh Jangde (A-2), Dharamdas @
The court affirmed the conviction under Sections 302 and 307 IPC, emphasizing the credibility of eyewitnesses and the common object of the accused in a fatal assault.
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 liability of members of an unlawful assembly under the Indian Penal Code, particularly the application of Sections 141, 143, 144, 146, and 149 ....
In cases of unlawful assembly leading to murder, all involved members can be held vicariously liable, and eyewitness testimonies must be credible even if witnesses are related to the victim.
The court established that in cases of unlawful assembly, all members can be held vicariously liable for the actions taken in furtherance of a common object, and that the prosecution's failure to exp....
The court affirmed the conviction for murder based on the established common object of the unlawful assembly, supported by credible witness testimonies and medical evidence.
The evidence must establish a premeditated intent to commit murder and the existence of an unlawful assembly with the common object of committing murder to support a conviction for murder under Secti....
The prosecution must establish a common object for unlawful assembly under Section 149 IPC; absence of motive and specific allegations can lead to acquittal.
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