2025:CGHC:14550-DB Digitally signed by AFR ANURADHA ANURADHATIWARI TIWARI Date:

2025.03.29

17:21:45 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 354 of 2024 Sunher Pudo S/o Late Shri Ramsingh Pudo Aged About 45 Years R/o Village Konde, District- North Bastar, Kanker, Chhattisgarh.

--- Appellant Versus State of Chhattisgarh Through District North Bastar, Kanker, District-

North Bastar, Kanker, Chhattisgarh.

--- Respondent CRA No. 425 of 2024 Jagduram Korram S/o Halalkhor Aged About 38 Years R/o Vill. Konde, Uttar Bastar Kanker, District : Kanker, Chhattisgarh --- Appellant Versus State of Chhattisgarh Through The District Magistrate, District : Kanker, Chhattisgarh --- Respondent CRA No. 309 of 2024

1 - Jailal Markam S/o Jethuram Aged About 43 Years R/o Village Konde, Distt. North Bastar, Kanker, C.G.

2 - Dalsu Ram Pudo S/o Late Chaituram Aged About 55 Years R/o Village Konde, Distt. North Bastar, Kanker, C.G.

--- Appellants Versus State of Chhattisgarh Through Station House Officer, Police of Police Station Durgukondal, Distt. North Bastar Kanker, C.G.

--- Respondent CRA No. 1333 of 2024 Sukal @ Mansingh Yadav S/o. Late Amar Singh Aged About 37 Years R/o. Village- Subhani Khedegaon, P.S.- Badgaon, Distt- North Bastar Kanker, Chhattisgarh --- Appellant Versus State of Chhattisgarh Through, The Station House Officer- P.S.-

Durgukondal, Distt- North Bastar, Kanker, Chhattisgarh --- Respondent (Cause-title taken from Case Information System)

CRA No.354/2024 For Appellant : Mr. Rajat Agrawal, Advocate For State/Respondent : Mr. Shaleen Singh Baghel, Deputy Government Advocate CRA No.309/2024 For Appellants : Ms. Savita Tiwari, Advocate For State/Respondent : Mr. Shaleen Singh Baghel, Deputy Government Advocate CRA No.425/2024 For Appellant : Mr. M.P.S. Bhatia, Advocate For State/Respondent : Mr. Shaleen Singh Baghel, Deputy Government Advocate CRA No.1333/2024 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

26.03.2025

1. Heard Mr. Rajat Agrawal, learned counsel for the appellant in CRA No.354/2024, Ms. Savita Tiwari, learned counsel for the appellant in CRA No.309/2024, Mr. M.P.S. Bhatia, learned counsel for the appellant in CRA No.425/2024 and Mr. Sanjay Pathak, learned counsel for the appellant in CRA No.1333/2024. Also heard Mr. Shaleen Singh Baghel, learned Deputy Government Advocate, appearing for the State.

2. Regard being had to the similitude of the questions of facts and law involved being arising out of a common crime vide impugned judgment dated 16.01.2024 passed by the Special Judge under NIA Act and First Additional Sessions Judge, North Bastar, Kanker, Chhattisgarh in Special Case No.22/2021, these appeals have been clubbed together, heard together and are being decided by this common judgment.

3. Appellant-Sunher Pando (A-1) has preferred CRA No.354/2024, appellants-Jailal Pudo (A-2) and Dalsu Ram Pudo (A-4) have preferred CRA No.309/2024, appellant-Jadguram Korram (A-3) has preferred CRA No.425/2024 and appellant-Sukal @ Mansingh Yadav (A-5) has preferred CRA No.1333/2024 under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”) questioning the impugned judgment dated 16.01.2024 passed by the Special Judge under NIA Act and First Additional Sessions Judge, North Bastar, Kanker, Chhattisgarh in Special Case No.22/2021, by which, all the appellants/accused, namely Sunher Pando (A-1), Jailal Pudo (A-2), Jadguram Korram (A-3), Dalsu Ram Pudo (A-4) and appellant-Sukal @ Mansingh Yadav (A-5) have been convicted and sentenced as under :-

Appellant – Sunher Pando Appellant – Jailal Markam Appellant – Jagduram Korram Appellant – Dalsu Ram Pudo Appellant – Sukalu @ Mansingh Yadav

4. The brief description of the prosecution story is as follows : On

27.08.2019 at 07.30 pm, at the house of Dadusingh Koratia in Badi village Konde, all the accused along with other absconding accused conspired to cause the murder of Dadusingh Ko