2025:CGHC:59939-DB NAFR Digitally signed by BABLU BABLU RAJENDRA RAJENDRA BHANARKAR HIGH COURT OF CHHATTISGARH AT BILASPUR BHANARKAR Date:

2025.12.12

18:34:29 +0530 CRA No. 582 of 2018 Mahavir Soni S/o Late Omprakash Soni Aged About 36 Years R/o Sarafa Line, Ganj Bazar, Kharsiya, District Raigarh Chhattisgarh --- Appellant versus State Of Chhattisgarh Through The Station House Officer, Police Station Kharsiya, District Raigarh Chhattisgarh --- Respondent CRA No. 578 of 2018

1 - Shani Sidar S/o Ram Charan Sidar Aged About 23 Years, 2 - Kanhaiya @ Pintu @ Jholudas (died and abated), 3 - Bhagdan @ Devnath S/o Govind Chauhan Aged About 20 Years, 4 - Neeraj @ Sonu S/o Vijay Kumar Aged About 22 Years, All are R/o Kharsiya, Tehsil Kharsiya, District Raigarh, P. S. Kharsiya, Chhattisgarh, Chhattisgarh ---Appellants Versus State Of Chhattisgarh Through The Station House Officer, Police Station Kharsiya, District Raigarh, Chhattisgarh, District : Bilaspur, Chhattisgarh --- Respondent CRA No. 584 of 2018

1 - Shrikishan Agrawal S/o Late Phoolchand Agrawal Aged About 64 Years (wrongly mentioned as 52 years)

2 - Rocky @ Rakhi Agrawal S/o Shrikishan Agrawal Aged About 35 Years; (wrongly mentioned as 31 years)

3 - Nitish @ Nitu Agrawal S/o Shrikishan Agrawal Aged About 31 Years;

(wrongly mentioned as 27 years)

All above R/o Kharsiya, Police Station Kharsiya, District Raigarh Chhattisgarh ---Appellants Versus State Of Chhattisgarh Through SHO, Police Station Kharsiya, District Raigarh Chhattisgarh --- Respondent CRMP No. 1396 of 2018 Pawan Kumar Agrawal S/o Shri Gajendra Prasad Agrawal Aged About

46 Years R/o Sarafa Bazar, Kharsiya, District Raigarh, Chhattisgarh ---Applicant Versus

1 - Mukesh Agrawal S/o Kishori Lal Aged About 36 Years, 2 - Sunil @ Bablu S/o Mangeram Agrawal Aged About 35 Years, 3 - Sanjay Agrawal S/o Omprakash Aged About 36 Years, All are residents of Kharsiya, Police Station Kharsiya, District Raigarh, Chhattisgarh

4 - The State Of Chhattisgarh Through The Officer Incharge, Police Station Kharsiya, District Raigarh, Chhattisgarh --- Respondents CRMP No. 1683 of 2018 State Of Chhattisgarh Through : Station House Officer, Police Station Kharsiya, District Raigarh, Chhattisgarh ---Applicant Versus

1 - Mukesh Agrawal S/o Kishori Lal Aged About 36 Years, 2 - Sunil @ Bablu S/o Mangeram Agrawal Aged About 35 Years, 3 - Sanjay Agrawal S/o Omprakash Aged About 36 Years, Respondents No.1 to 3 all are R/o. Kharsiya, District- Raigarh, Chhattisgarh --- Respondents For Appellant- : Mr.Surfaraj Khan, Advocate in CRA Mahavir Soni No.582/2018 For Appellants- : Mr.Sunil Otwani, Senior Advocate assisted by Shani Sidar and Mr.Amit Soni, Advocate in CRA No.578/2018 others For Appellants- : Mr.Manoj Paranjape, Senior Advocate with Shrikishan Mr.Ankit Shinghal and Mr.kabeer Kalwani, Agrawal and Advocate in CRA No.584/2018 others For Applicant- : Mr.Abhishek Pandey, Advocate in CRMP Pawan Kumar No.1396/2018 Agrawal For Applicant- :

State Mr.U.K.S.Chandel, Deputy Advocate Geneneral For Respondent- : Mr.T.K.Jha, Avocate Objector Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on board Per Ramesh Sinha, Chief Justice

10.12.2025

1. Since the aforesaid three criminal appeals and two CRMPs have been filed against the impugned judgment dated 6.4.2018 passed by the First Additional Sessions Judge, Raigarh in Sessions Case No.533/2014, they were clubbed & heard together and being disposed of by this common judgment.

2. Appellant-Mahavir Soni has preferred Criminal Appeal No.582/2018, appellants-Shani Sidar, Kanhaiya @ Pintu @ Jholudas (died and abated), Bhagdan @ Devnath & Neeraj @ Sonu have preferred Criminal Appeal No.578/2018, appellants- Shrikishan Agrawal, Rocky @ Rakhi Agrawal & Nitish @ Nitu Agrawal have preferred Criminal Appeal No.584/2018 under Section 374(2) of the CrPC questioning the impugned judgment dated 6.4.2018 passed by the First Additional Sessions Judge, Raigarh in Sessions Case No.533/2014, by which they have b