2025:CGHC:14828 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2185 of 2024

1 - Deepak Kenwat S/o Manohar Lal Kenwat Aged About 17 Years Present R/o Qtr. No. D/s-

7, Balgi Colony, Police Station- Bankimongra, District- Korba, Chhattisgarh.

... Appellant(s)

versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station- Banki Mongra, District- Korba, Chhattisgarh.

... Respondent(s)

For Appellant(s) : Mr. Rajeev Kumar Dubey, Advocate For Respondent(s) : Ms. Laxmeen Kashyap, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Judgment on Board

27/03/2025

1. With the consent of the parties the present Criminal Appeal is heard finally.

2. This criminal appeal has been filed under Section 14 A (1) of SC/ST Act by the appellant against the judgment of conviction and order of sentence dated 22.10.2024 passed by Special Judge [Scheduled Caste & Scheduled Tribe (Prevention of Atrocities)

Act], District Korba (C.G.), in Special Criminal Case No. 08/2017, whereby the appellant has been convicted and sentenced as follows:-

3. The co-accused namely, Ajeet Singh Kanwar has been acquitted by the Division Bench of this Court vide its judgment dated 17.10.2024 in CRA No. 366 of 2018; and Manoj Soni and Monu @ Gajpati Soni has been acquitted by the Division Bench of this Court vide its judgment dated

17.10.2024 in CRA No. 372 of 2018.

4. Case of the prosecution, in a nutshell, is that on 25.11.2016 at around 8:00 pm at Srinagar, Balgi under Police Station Bankimongra, three accused persons namely Manoj, Monu and Ajeet along with other co-accused Naveen Kashyap and the present appellant who is juvenile in conflict with law, constituted an unlawful assembly and in furtherance of their common object caused riot and death of Banmali @ Banwari (deceased) assaulting him with knife, bricks and stones, knowing that the deceased Banmali was a member of a Scheduled Tribe.

5. It is the case of the prosecution that PW-2 Kedar Sahu had first informed about the said incident to PW-3 Itwar Singh, father of deceased Banmali, who immediately after 1 ½ hours of the incident that took place around 8:00 pm lodged the FIR ( Ex. P- 1/C) at 9:30 pm at Police Station Bankimongra, District- Korba. Subsequently, Merg Intimation (Ex. P-2/C) was recorded. Crime Details Form (Ex. P-6/C) was prepared by PW- 12 S.K. Pathak, the Investigating Officer and Nazri Naksha (Ex. P-7/C) was prepared by Chhatrapal Singh Maravi, the Patwari. Inquest was conducted and the dead body of the deceased Banmali was subjected to post-mortem which was conducted by Dr. R.S. Kanwar who submitted his report post-mortem report opining the cause of his death to be hemorrhagic shock and the nature of death to be homicidal. Statement of the witnesses were recorded under Section 161 of Cr.P.C.

6. During the course of trial, in order to prove its case the prosecution examined as many as 13 witnesses. After closure of the prosecution evidence, statement of the juvenile in conflict with law was recorded under Section 313 of CrPC in which he denied the circumstances appearing against him in the evidence of the prosecution, pleaded innocence and false implication.

7. After conclusion of the trial, learned Trial Court, by impugned judgment dated 22.10.2024, on appreciation of oral and documentary evidence came on record held the appellant guilty of offence punishable under Section 302 of IPC and accordingly convicted and sentenced him in the manner as mentioned at the chart given in the opening paragraph of this Judgment, which led to filing of the present appeal separately by the appellant herein assailing the impugned judgment passed by the Trial Court.

8. Mr. Rajeev Kumar Dubey, learned counsel for the appellant submits as under:

(a) PW-4 Shatruhan and PW5 Santara Bai, who are brother and mother of deceased Banmali, have only stated of having seen the appellant running away from the spot and therefore, at the best, they can be held to be res gestae witnesses and as such only on the basis of th