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HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ., Ravindra Kumar Agrawal
Sunher Pudo S/o Late Shri Ramsingh Pudo – Appellant
Versus
State of Chhattisgarh Through District North Bastar, Kanker – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. Heard Mr. Rajat Agrawal, learned counsel for the appellant in CRA No.354/2024, Ms. Savita Tiwari, learned counsel for the appellant in CRA No.309/2024, Mr. M.P.S. Bhatia, learned counsel for the appellant in CRA No.425/2024 and Mr. Sanjay Pathak, learned counsel for the appellant in CRA No.1333/2024. Also heard Mr. Shaleen Singh Baghel, learned Deputy Government Advocate, appearing for the State.
2. Regard being had to the similitude of the questions of facts and law involved being arising out of a common crime vide impugned judgment dated 16.01.2024 passed by the Special Judge under NIA Act and First Additional Sessions Judge, North Bastar, Kanker, Chhattisgarh in Special Case No.22/2021, these appeals have been clubbed together, heard together and are being decided by this common judgment.
3. Appellant-Sunher Pando (A-1) has preferred CRA No.354/2024, appellants-Jailal Pudo (A-2) and Dalsu Ram Pudo (A-4) have preferred CRA No.309/2024, appellant-Jadguram Korram (A-3) has preferred CRA No.425/2024 and appellant-Sukal @ Mansingh Yadav (A-5) has preferred CRA No.1333/2024 under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”
The court upheld the conviction of the appellants for murder and conspiracy, emphasizing the evidentiary value of eyewitness testimony and the applicability of vicarious liability under Section 149 I....
The court affirmed that circumstantial evidence can suffice for conviction in cases involving organized crime, particularly when direct evidence is scarce due to the nature of the crime.
The court affirmed that involvement in an unlawful assembly and conspiracy to commit murder can establish liability, requiring only shared intent, not active participation in the crime.
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.
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