The court affirmed the conviction of the appellants under Section 302/149 IPC for murder, emphasizing the principle of vicarious liability in unlawful assemblies.

Judgment :

(Ramesh Sinha, C.J.)

1. Since the aforesaid three criminal appeals have been filed against the impugned judgment dated 23.07.2024 passed by the Additional Sessions Judge, Rajnandgaon in Sessions Case No.21/2021, they were clubbed & heard together and being disposed of by this common judgment.

2. Appellants-Sheikh Saleem, Salman @ Vicky Khan, Kartik Ram Tembekar, Premchand @ Bittu, Mukul Netam and Simon Peter have preferred these three criminal appeals under Section 374(2) of the CrPC questioning the impugned judgment dated 23.07.2024 passed by the Additional Sessions Judge, Rajnandgaon in Sessions Case No.21/2021, by which they have been convicted for offences under Sections 324 (three times) and 302 of the IPC and sentenced to undergo RI for three years and fine of Rs.2000/-, in default of payment of fine to further undergo RI for one month on each count and imprisonment for life and fine of Rs.5000/-, in default of payment of fine to further undergo RI for two years.

3. Case of the prosecution, in nutshell, is that appellants Salman @ Vicky Khan, Simon Peter, Mukul Netam, Premchand @ Bittu Basphod, Kartik @ Bhau Tembekar used to sit in the square in front of Raja Sriwas’s house and consume drugs and tease the girls of the locality, therefore, Raja Sriwas and his friend Parvez Qureshi had stopped the said appellants from sitting in front of his house in January, 2020, then all the said accused had threatened to fight with Raja Sriwas and Parvez Qureshi. On 21.09.2020 at about 20:00 P.M. Raja Srivas went in his car CG-08-AM-0429 along with his driver Suraj to Station Para and picked up Pervez Qureshi and Sohail Raza bringing them to his home for dinner which they ate on the terrace. After dinner Raja Srivas escorted his guests Pervez Qureshi and Mohd. Sohail Raza out of his home to his car which was parked right in front of the home with the driver waiting inside the car. As all three were getting into the car it is alleged that the appellants came from the side of the Water Tank and started abusing Raja Srivas and attacked Pervez Qureshi who died. Raja Sriwas, his daughter Pooja Srivas and Mohd. Sohail Raza also received injuries. Thereafter, the appellants entered their house and started beating and abusing them and thereafter ran away with the weapons from the spot. Dehati nalsi and dehati merg intimation were registered by Smt.Ranjita Srivas (PW-3) vide Exs.P-1 and P-2. FIR was registered vide Ex.P-33. Inquest was prepared over the body of the deceased vide Ex.P-35. Spot map was prepared by the investigating officer vide Ex.P-3. Bloodstained soil and plain soil were recovered from the spot vide Ex.P-5. Memorandum statement of appellant Salman @ Vicky was recorded vide Ex.P-9. Memorandum statement of appellant Shaikh Salim was recorded vide Ex.P-10. Memorandum statement of appellant Kartik Tembekar was recorded vide Ex.P-11. Memorandum statement of appellant Premchand @ Billu was recorded vide Ex.P-12. Memorandum statement of appellant Simon Peter was recorded vide Ex.P-13 and memorandum statement of appellant Mukul Netam was recorded vide Ex.P-14. One sword, full paint stains with blood and t-shirt stains with blood were seized from appellant Salman Khan vide Ex.P-15. One iron rod, lower stains with blood and t-shirt stains with blood were seized from appellant Shaikh Salim vide Ex.P-16. One knife, jeans fullpant stains with blood and full shirt stains with blood were seized from appellant Kartik Tembekar vide Ex.P-17. One sword stains with blood, jeans stains with blood and full shirt stains with blood were seized from appellant Premchand Basphod vide Ex.P-18. One battle axe stains with blood, jeans stains with blood and t-shirt stains with blood were seized from appellant Simon Peter vide Ex.P-19. One sword stains with blood, jeans stains with blood and full shirt stains with blood were seized from appellant Mukul Netam vide Ex.P-20. The appellants were arrested on 22.09.2020 vide Exs.P- 21 to P-26. MLC of injured