2024:CGHC:32899-DB Digitally signed by SAIFAN SAIFAN KHAN NAFR KHAN D 20a 2te 4: .09.02

10:35:27 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530 [Arising out of a common judgment dated 30.08.2012, passed in Sessions Case No.16 of 2009 (State of Chhattisgarh v. Jaiprakash Biyar and 02 others), by the Special Judge (ST/SC Act), Koriya, Baikunthpur (C.G.)]

Criminal Appeal No. 422 of 20 16 Ramkhelavan @ Bablu, Son of Netlal Panika, aged about 28 years, Resident of Tilokhan, Police Station Kelhari, Tehsil Manendragarh, District Korea (Chhattisgarh)

---- Appellant (On Bail)

Versus State of Chhattisgarh, through Police Station Kelhari, District Korea (Chhattisgarh)

---- Respondent --------------------------------------------------------------------------------------------- For Appellant : Mr. Samir Singh, Advocate/Panel Lawyer appointed through CG High Court Legal Services Committee For Respondent : Mr. Rahul Tamaskar, Govt. Advocate ---------------------------------------------------------------------------------------------

WITH Criminal Appeal No. 1223 of 20 18

1. Jay prakash Biyar, Son of Somar Sai, aged about 30 years, 2. Ranglal, Son of Somar Sai, aged about 32 years, [Both Resident of Tilokhan, Police Station Kelhari, Tehsil Manendragarh, District Koria (Chhattisgarh)]

---- Appellants (In Jail)

Versus State of Chhattisgarh, through Police Station Kelhari, Tehsil Manendragarh District Koria (Chhattisgarh)

---- Respondent ---------------------------------------------------------------------------------------------

For Appellant : Mr. Rishi Rahul Soni, Advocate/Panel Lawyer appointed through CG High Court Legal Services Committee For Respondent : Mr. Rahul Tamaskar, Govt. Advocate ----------------------------------------------------------------------------------------------

Division Bench Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Amitendra Kishore Prasad Judgment on Board (28.08.2024)

Sanjay K. Agrawal, J (1) Regard being had to the similitude of the common questions of fact and law are involved and being arising out of a common impugned judgment dated 30.08.2012, on the joint request of learned counsel for the parties, both these criminal appeals are clubbed together, heard together and are decided by this common judgment.

(2) Invoking criminal appellate jurisdiction of this Court, three accused/appellants, namely, Jaiprakash Biyar (A-1), Ranglal (A-2) and Ramkhelavan @ Bablu (A-3) have preferred these two criminal appeal being CRA-1223-2018 & CRA-422-2016 respectively under Section 374(2) of Cr.P.C., calling in question the legality, validity and correctness of a common impugned judgment of conviction and order of sentence dated 30.08.2012, passed in Sessions Case No.16 of 2009 (State of Chhattisgarh v. Jaiprakash Biyar and 02 others), by the Special Judge, constituted under the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for brevity the “Act of 1989”), Koriya, Baikunthpur (C.G.), whereby they have has been convicted and sentenced as under:

Jaiprakash Biyar (A-1) and Ranglal (A-2)

[Both the sentences are directed to run concurrently]

Ramkhelavan @ Bablu (A-3)