2025:CGHC:39049-DB NAFR K GOWRI SANKAR A RAO HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by K GOWRI SANKARA RAO Date: 2025.08.13 CRA No. 1503 of 2024

19:22:08 +0530

1 - Santoshi W/o Vijay Telgu Aged About 35 Years R/o Santoshi Nagar, Bheemkhoj, P.S. And District Mahasamund, Chhattisgarh.

2 - Yashoda W/o Nandkishore Telgu Aged About 46 Years R/o Santoshi Nagar, Bheemkhoj, P.S. And District Mahasamund, Chhattisgarh.

3 - Nandkishore S/o Dadu Telgu Aged About 51 Years R/o Santoshi Nagar, Bheemkhoj, P.S. And District Mahasamund, Chhattisgarh.

---Appellants Versus State Of Chhattisgarh Through The Station House Officer, P.S. And District Mahasamund, Chhattisgarh.

... Respondent (Cause-title is taken from Case Information System)

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For Appellants : Mr. Siddharth Rathod, Advocate For Respondent-State : Mr. Shashank Thakur,Dy. A.G.

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Bibhu Datta Guru, Judge

12.08.2025

1. This appeal filed by the appellants-accused under Section 415(2) of B.N.S.S. is directed against the impugned judgment of conviction and order of sentence dated 12/07/2024, passed by the learned 1^st Additional Sessions Judge, Mahasamund, (C.G.) in Sessions Case No. 52/2019, whereby the appellants-accused have been convicted and sentenced as under:-

2. (a) In this case there are total 20 accused persons namely; Arjun (A1), Kondi Bai (A2), Phool Singh (A3), Dinesh (A4), Girdhari (A5), Nandkishore (A6), Neelkanth (A7), Punit (A8), Potraju (A9), Dholu (A10), Vijay (A11), Pintu (A12), Dharmu (A13), Budha Arjun (A14), Chotababu (A15), Baigraju (A16), Chinna (A17), Ganeshwari (A18), Yasodha (A19) and Santoshi (A20).

(b) Out of them four namely; A10, A11, A12 & A15 are juvenile and eight are still absconding namely; A5, A7, A9, A13, A14, A16, A17 and A18.

(c) Earlier A2, A1, A8, A3 & A4 were arrested and they were put on trial in ST No.424/2003 (for D2 & D3) and ST No.423/2003 (for D1) wherein they have been convicted by the trial Court. Against the said judgments, they filed CRA No.24/2006, 133/2006 and 161/2006 (D2 & D3) and CRA No.35/2006, 129/2006 and 162/2006 (D1). The said appeals were decided on 16-4-2010 by this Court. In respect of murder of D2 & D3 their appeals were dismissed. However, in respect of murder of D1 the appeal of A2 was allowed and the appeals of A1, A8, A3 & A4 were dismissed.

(d) Present appeals are preferred by A20, A19 and A6.

3. At the outset, it is noteworthy to mention here that in the case at hand though the examination-in-chief of witness PW-1 Nagi Bai, mother of deceased Dukalu & sister of mother of deceased Ravi and PW-2 Krishna @ Krishna Kumar, brother of deceased Dukalu and cousin of deceased Ravi taken from the earlier trial bearing ST No.424/2003, but they have not been cross-examined owing to their death before commencement of the present trial i.e. ST No.52/2019. Thus, we are