AFR HIGH COURT OF CHHATTISGARH, BILASPUR Judgment Reserved On : 30.01.2024 Judgment Delivered On : 19.02.2024 {Arising out of judgment dated 30.05.2017 passed in Sessions Trial No.138/2012 by the Second Additional Sessions Judge, Sakti}

Criminal Appeal No. 959 of 2017

1. Girdharilal, S/o. Motilal, Aged About 38 Years, Permanent Residence Of Karbi Road, Police Station Pahadi, District Citrakut, Uttar Pradesh. Present Address- Mandir Tiraha, Chandrapur, Police Station Chandrapur, District Janjgir-

Champa, Chhattisgarh.

2. Bablu @ Raja, S/o. Anand Kesarwani, Aged About 31 Years, R/o. Chandrapur, Police Station Chandrapur, District Janjgir-Champa, Chhattisgarh.

---Appellants Versus State Of Chhattisgarh, Through Station House Officer, Police Of Police Station Chandrapur, District Janjgir-

Champa, Chhattisgarh.

---Respondent For Appellant No.1 : Mr. Akhilesh Mishra, Advocate For Appellant No.2 : Mr. Ishwar Jaiswal, Advocate For Respondent : Mr. Ashish Shukla, Addl. A.G.

Criminal Appeal No. 996 of 2017 Vinod, S/o. Vishal Sahu, Aged About 23 Years, R/o. Kadarganj, Karvi Road, District Chitrakut, Present Address- Chandrapur, Police Station Chandrapur, Civil &

Revenue District Janjgir-Champa, Chhattisgarh.

---- Appellant Versus State Of Chhattisgarh, Through Station House Officer, Police Station Chandrapur, District Janjgir-Champa, Chhattisgarh.

---- Respondent For Appellant : Mr. Siddharth Dubey, Advocate For Respondent : Mr. Ashish Shukla, Addl. A.G.

Criminal Appeal No. 1617 of 2017

1. Arkhito, S/o. Garjan Manjhi, Aged About 55 Years, R/o.

Chandrapur, P.S. Chandrapur, District Janjgir-Champa, Chhattisgarh.

2. Rohit Manjhi, S/o. Kartik Manjhi, Aged About 30 Years, R/o. Chandrapur, P.S. Chandrapur, District Janjgir-

Champa, Chhattisgarh.

---- Appellants Versus State Of Chhattisgarh, Through District Magistrate Janjgir, District Janjgir-Champa Chhattisgarh.

---- Respondent (Cause Title taken from Case Information System)

For Appellants : Mr. Maneesh Sharma, Advocate For Respondent : Mr. Ashish Shukla, Addl. A.G.

(Division Bench)

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal (C.A.V. Judgment)

Sanjay K. Agrawal, J.

1. The appellants herein, Girdharilal (A-2) & Bablu @ Raja (A-4) have jointly preferred Criminal Appeal No.959/2017, Vinod (A-3) has preferred Criminal Appeal No.996/2017 and Arkhito (A-5) & Rohit Manjhi (A-6) have preferred Criminal Appeal No.1617/2017 under Section 374(2) of Cr.P.C. calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dated 30.05.2017 passed by the learned Second Additional Sessions Judge, Sakti, District Janjgir- Champa, in Sessions Trial No.138/2012, by which they have been convicted for the offence under Sections 302/149 & 323/149 of Indian Penal Code and sentenced as under with a direction to run all the sentences concurrently :-

(Criminal Appeal No.1050/2017 filed by Ramkrishna (A-1)

has been disposed off as having become abated by order dated 24.07.2021).

2. Since common question of law and facts are involved in these appeals and have been arisen from Sessions Trial No.138/2012, they have been clubbed together, heard together and are being decided by this common judgment.

3. Case of the prosecution, in brief, is that on 02.05.2009, at

4:00 p.m., at Nathaldai Temple, the appellants herein in their coconut shop abused Ishwar (PW-2), Navin (PW-3), Rajkumar (PW-4), Ranjit (PW-6) and Bablu in furtherance of their common object assaulted them by hand & fists and by dangerous weapon, by which, Bablu died and caused simple injury to Ishwar (PW-2), Navin (PW-3), Ra