NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1241 of 2002

1. Hira Singh S/o Videshi Sahu, R/o of Aali Khunta.

2. Barsan S/o Lalwa Netam, aged about 44 years, R/o Village – Beltekri.

3. Devsaran S/o Laxman Prasad Sahu, aged about 38 years, R/o Sundra. (deleted vide order of this Court dated

25.06.2024).

4. Bhek Chand S/o Nandlal Sahu, aged about 40 years, R/o Mudpar. (deleted vide order of this Court dated

07.08.2018).

5. Derha Ram S/o Devnath Hirwani, aged about 38 years, R/o Karmatara. (deleted vide order of this Court dated

07.08.2018).

6. Ajuram S/o Badhar Ram Sahu aged about 28 years, R/o Chirchar, P.S. Arjunda.

7. Dev Singh @ Gopal S/o Siyaram Kewat R/o Bhothipar Khurd.

8. Panchu Ram S/o Hiru Ram yadav, aged about 35 years R/o Bhodiya.

9. Ashok S/o Sunder Sahu, aged about 38 years, R/o Bhothipar.

10. Mahesh S/o Tulsi Ram aged about 35 years, R/o of Bhodiya. (deleted vide order of this Court dated

07.08.2018).

11. Poshanlal S/o Phool Singh aged about 35 years R/o kanyabari P.S. Deori.

12. Guman S/o of Ajarram Sahu, aged about 28 years, R/o Surgi.

13. Guharam S/o of Prem Das Sahu, aged about 30 years, R/

o of Khaira.

14. Yoguram Sahu S/o Palturam aged about 32 years r/o Surgi. (deleted vide order of this Court dated

25.06.2024).

15. Raghhu S/o Rameshar Sahu aged about 48 years R/o Mudpar. (deleted vide order of this Court dated

07.08.2018).

16. Lakhan Lal S/o Khamhan Das Sahu aged about 40 years R/o Bhothipar Khurd.

17. Pyarelal S/o Jagtu Ram aged about 42 years R/o Bhothipar Kalan. (deleted vide order of this Court dated 07.08.2018).

18. Munna Lal S/o Unhan Das aged about 30 years, R/o Bhothipar Kalan. (deleted vide order of this Court dated 07.08.2018).

19. Dhanush S/o Ummedi aged about 36 years, R/o Bhothipar kalan.

20. Bhim Rao Bagde S/o Bakshi Ji Bagde, aged about 44 years, R/o Shanti Nagar, Rajnandgaon, District –

Rajnandgaon, Chhattisgarh.

---- Appellants Versus  State of Chhattisgarh, Through : P.S. Lal Bagh, District -

Rajnandgaon, Chhattisgarh.

---- Respondent For Appellants No. 2, 6, 7, 9, 11, 16 & 20 : Mr. T.K. Jha, Adv. and Mr. Tapan Ku. Chandra, Adv.

For Appellants No. 1, 8, 12, 13 & 19 : Mr. Adil Minhaj, Adv.

For Respondent/State : Mr. Sanjeev Pandey, Dy. A.G.

Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (05.07.2024)

1. This appeal was preferred by 20 appellants out of which 08 appellants (No. 3, 4, 5, 10, 14, 15, 17 and 18) namely Devsaran, Bhek Chand, Derha Ram, Mahesh, Yoguram, Raghhu, Pyarelal and Munna Lal died during the pendency of this appeal. The name of the died appellants has been deleted from the cause title vide orders of this Court dated 07.08.2018 & 25.06.2024. Hence, by this judgment the appeal is decided only in respect of appellants (No. 1, 2, 6, 7, 8, 9, 11, 12, 13, 16, 19 & 20) namely, Hira Singh, Barsan, Ajuram, Dev Singh @ Gopal, Panchu Ram, Ashok, Poshanlal, Guman, Guharam, Lakhan Lal, Dhanush & Bhim Rao Bagde respectively.

2. The present appeal arises out of the impugned judgment of conviction and order of sentence dated 29.11.2002 passed by the learned Additional Sessions Judge, Rajnandgaon, (C.G.), in Sessions Trial No. 57/1998 whereby the appellants have been convicted and sentenced as under with a direction to run the sentences concurrently:

3. The case of the prosecution, in brief, is that on the date of the offence i.e. 28.02.1998, the complainants were working as security guards in the factory of Rajaram. At about 08:30 am, the accused persons attacked the complainant with rods and sticks. The accused persons surrounded the complainant Harischand and started assaulting him with rods and sticks and when Sanju, Brijesh, Anil, Ramnath Mohan and Harisc