An appellate court may overturn an acquittal if the lower court's findings are perverse. Injured eyewitness testimony is highly credible. Furthermore, under vicarious liability principles, all members of an unlawful assembly are liable for offenses committed in pursuit of a common object, regardless of individual overt acts.

Hon'ble Shri Ramesh Sinha, Chief Justice

Hon'ble Shri Ravindra Kumar Agrawal, Judge

Judgment on Board

Per Ramesh Sinha, Chief Justice

25.03.2025

1. As per the office report dated 21.08.2023, notices have been served upon respondent Nos.1 to 5 by ordinary mode, whereas notices by ordinary mode have been served upon neighbour of respondent Nos. 6 & 7.

2. Today, when the matter is taken up for hearing, none appeared nor any representation is made on behalf respondent Nos. 1 to 5, Surjuram, Nohar Singh, Dhaniram, Durjan and Chaitram though notices have been served upon them to contest the matter. So far as respondent Nos. 6 & 7, namely, Rameshwar and Santosh are concerned, they are represented by Mr. S.P. Sahu, learned counsel, who is present.

3. Since the matter is of 2010, we proceed to hear the matter finally.

4. Heard Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/appellant as well as Mr. S.P. Sahu, learned counsel, appearing for respondent Nos. 6 & 7.

5. By this appeal under Section 378(1) of the Cr.P.C. the appellant/State has challenged the legality and propriety of the judgment of acquittal dated 10.02.2010 passed by the Additional Sessions Judge, North Bastar, Kanker (C.G.) in Sessions Trial No. 119/2008, whereby the trial Court has acquitted the respondents of the charges of offence punishable under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code, (for short ‘IPC’) on the ground that the prosecution has failed to prove the guilt of the respondents beyond shadow of doubt.

6. Case of the prosecution, in brief, is that on 18.03.2005 complainant Lachhuram lodged a report in Police Station, Antagarh to the effect that in the intervening night of 17-18.03.2005, the father of the complainant Lachhuram, Raghunath and mother were sleeping outside the house and the complainant was sleeping inside the house. At about 2.30 in the night, Noharsingh, Dhaniram, Durjan, Surjuram and 15-20 other Naxalite accused came to his house with guns and told his father Raghunath that he pretends to be a big leader and takes money, saying this, they caught Raghunath and Lachchhuram and took them to the river bank, tied Lachchhuram's hands behind with a rope and beat him. Noharsingh, Dhaniram, Durjan, Surjuram and 15-20 Naxalite accused with the intention of killing Raghunath assaulted him with fists, bamboo sticks and killed him. Lachchhuram told the people of the village about the incident. On the basis of said information, First Information Report (Ex.P-1) was registered against accused Noharsingh, Dhaniram, Durjan and Surjuram for the offence punishable under Sections 147, 148, 149, 302/307 of IPC and Section 25/27 of the Arms Act under Crime No. 18/2025 and the inquest report (Ex.P-2) was registered in Police Station Antagarh.

7. Investigating Officer left for scene of occurrence and after summoning the witnesses vide Ex.P-3, inquest over the dead body of deceased was prepared vide Ex.P-15, thereafter the dead body of the deceased was sent to Community Health Centre, Antagarh for conducting postmortem, wherein Dr. Bheshaj Kumar Ramkete (PW-10) conducted postmortem over the dead body of deceased Raghunath and PM report has been given vide Ex.P-17 and found following injuries :-

(i) Bleeding present from left ear and bloodstains present on the whole face;

(ii) A stab wound present on the right side of chest just beside sternum of size 2 cm x 2 cm x 7”

(iii) Both the legs are extended.

(iv) Both hands are half flexed.

The Doctor opined that the all the injures are antemortem in nature and cause of death was injuries to the vital organ of body and excessive internal & external hemorrhage, ultimately leading into shock and death and it was homicidal in nature. Dead body of the deceased was handed over to his son on supurdnama vide Ex.P-7.

8. Injured Lachhuram was examined by Dr. Bheshaj Kumar Ramkete (PW-10) and MLC report was given vide Ex.P-19 and found following injuries :-

(i) Bruise of 2 ½” x 1 ½” over right