HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ., Ravindra Kumar Agrawal
State of Chhattisgarh – Appellant
Versus
Surajram, S/o Mangal – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. As per the office report dated 21.08.2023, notices have been served upon respondent Nos.1 to 5 by ordinary mode, whereas notices by ordinary mode have been served upon neighbour of respondent Nos. 6 & 7.
2. Today, when the matter is taken up for hearing, none appeared nor any representation is made on behalf respondent Nos. 1 to 5, Surjuram, Nohar Singh, Dhaniram, Durjan and Chaitram though notices have been served upon them to contest the matter. So far as respondent Nos. 6 & 7, namely, Rameshwar and Santosh are concerned, they are represented by Mr. S.P. Sahu, learned counsel, who is present.
3. Since the matter is of 2010, we proceed to hear the matter finally.
4. Heard Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/appellant as well as Mr. S.P. Sahu, learned counsel, appearing for respondent Nos. 6 & 7.
5. By this appeal under Section 378(1) of the Cr.P.C. the appellant/State has challenged the legality and propriety of the judgment of acquittal dated 10.02.2010 passed by the Additional Sessions Judge, North Bastar, Kanker (C.G.) in Sessions Trial No. 119/2008, whereby the trial Court has acquitted the respondents of the charges of off
The appellate court can overturn a trial court's acquittal if the findings are perverse and the prosecution's evidence is sufficient to establish guilt beyond a reasonable doubt.
Membership in an unlawful assembly under Section 149 IPC establishes vicarious liability for actions taken by any member in furtherance of the assembly's common objective.
Point of Law : Unlawful assembly – Common object - No doubt section 149 IPC is wide in its sweep but in fixing the membership of the unlawful assembly and in inferring the common object various circu....
The appellate court overturned the acquittal of the accused by establishing that reliable eyewitness and medical evidence confirmed their formation of an unlawful assembly leading to murder.
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....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.