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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Anendra, S/o. Bacchelal Bhaskar – Appellant
Versus
State Of Chhattisgarh, Through Police Station Kunda, Distt. Kabirdham C.G. – Respondent
| Table of Content |
|---|
| 1. procedural background and incident description. (Para 1) |
| 2. evidence collection and scrutiny of witness statements. (Para 10) |
| 3. court's analysis of evidence and charge under ipc. (Para 15 , 19) |
| 4. final judgment and orders regarding sentencing. (Para 21 , 22) |
Judgment :
Rajani Dubey, J.
1. Challenge in this appeal is the legality and validity of the judgment of conviction and order of sentence dated 10th September, 2013 passed by the Sessions Judge, Kabirdham (Kawardha) in ST No.46/2011 whereby each of the appellants stands convicted under Sections 147, 148, 341, 323, 506B and 302 read with Section 149 of IPC and sentenced as under:
| Conviction | Sentence |
| Under Sections 302 read with 149 of IPC. | Life imprisonment, pay a fine of Rs.5000/- and in default thereof to suffer additional RI for five months’ RI. |
| Under Section 148 of IPC. | RI for two years, pay a fine of Rs.500/- and in default thereof to suffer additional RI for three months. |
| Under Section 341/149 of IPC. | RI for one month. |
| Under Section 506B/149 of IPC. | RI for five years. |
| Under Section 323/149 of IPC. | RI for one year. |
All the sentences were directed to run concurrently.
02. Case of the prosecution, in brief, is that on 7.5.20
For a murder conviction, the prosecution must prove beyond reasonable doubt that the death was homicidal, which involves establishing the causal connection to the accused, a requirement not met in th....
The assembly of individuals armed with deadly weapons, with a common intent to commit violence, constitutes an unlawful assembly under IPC, leading to vicarious liability for all members.
The court upheld the convictions under sections 147, 148, and 324 IPC, affirming that eyewitness and medical testimonies established the involvement of the appellants in the unlawful assembly and ass....
Modifying conviction from murder to manslaughter due to lack of intent and premeditation, establishing a precedent for considering trivial disputes in assessing culpability.
The conviction was modified from Section 304(Part-II) to Section 325 of IPC, establishing that while the actions resulted in serious injury, they did not demonstrate the intent necessary for murder.
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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