Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Mr. Ramesh Sinha, CJ, Mr. Ravindra Kumar Agrawal, J
Kawasi Joga @ Pada S/o Kawasi Koya – Appellant
Versus
Union Of India Through The Director General, National Investigation Agency, C.G.O. Complex, Lodhi Road, New Delhi – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. The appellants have preferred this appeal under 21(1) of the National Investigation Agency Act, 2008 (for short, the NIA) questioning the judgment dated 12.02.2024 passed by the learned Special Judge (NIA Act/Scheduled Offence) Bastar, Jagdalpur, in Special Sessions Trial No. 4/2016, whereby the appellants have been convicted and sentenced as under:
| Conviction Under Section | Sentence |
| 302 of the Indian Penal Code (for short, the IPC) | Life imprisonment and fine of Rs. 2000/-. In default, 3 months Rigorous imprisonment (for short, the RI) more |
| 307 of the IPC | RI for 7 years with fine of Rs. 1000/-. In default, 2 months RI more. |
| 120-B of the IPC | Life imprisonment with fine of Rs. 2000/-. In default, 3 months RI more. |
| 25(1)(1-B)(A) of the Arms Act, 1959 (for short, the Arms Act) | Imprisonment for 1 year and fine of Rs. 500/-. In default, 15 days imprisonment more. |
| 27 of the Arms Act | Imprisonment for 3 years with fine of Rs. 700/-. In default 1 month imprisonment. |
| 3 of Explosive Substances Act (for short, the ESA) | Life imprisonment with fine of Rs. 2000/-. In default, 3 months RI more. |
| 4 of the ESA | Life imprisonment with fine of Rs. 2000/-. In default, 3 months RI more. |
| 16 of | |
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 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....
In view of Section 10 of the Evidence Act anything said, done or written by those who enlist their support to the object of conspiracy and those who join later or make their exit before completion of....
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.
Court must sift evidence at charge-framing under CrPC ss.227/228; inadmissible materials like police disclosures, retracted statements, delayed TIPs cannot form basis for proceeding to trial in terro....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
