2025:CGHC:49377 Digitally signed by RAVVA UTTEJ KUMAR RAJU AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment Reserved on 24.07.2025 Judgment Delivered on 26.09.2025.

CRA No. 271 of 2010 Virendra Netam, aged about 55 years, S/o Late Vishram Singh R/o Kumharpara, Behind D.V. Gas Agency, Jagdalpur, (C.G.)

--- Appellant Versus Union of India through the C.B.I., Bhopal (M.P.) presently through C.B.I.

Bhilai Unit, Bhilai, District Durg (C.G.)

--- Respondent For Appellant : Mr. B.P. Sharma, Mr. K.N. Singh along with Mr.

M.L. Sakat, Advocate.

For Respondent : Mr. B. Gopa Kumar, Advocate.

CRA No. 275 of 2010

1 - Parshuram Dewangan (Died) through LRs as Per order dated 20-08-2024

1.1 - Smt. Yashoda Dewangan Wd/o Parshuram Dewangan aged about 65 years. R/o 36 / K, Dhaniram Gali, Pathraguda, Bhagat Singh Ward No. 6, Jagdalpur, District Bastar (C.G.)

1.2 - Smt. Shail Dewangan W/o Anil Dewangan, D/o Parshuram Dewangan, aged about 55 years R/o 36 / 1, Dhaniram Gali, Pathraguda, Bhagat Singh Ward No. 6, Jagdalpur, District Bastar, (C.G.)

---Appellant Versus Union of India through the C.B.I., Bhopal (M.P.) presently through C.B.I.

Bhilai Unit, Bhilai, District Durg (C.G.)

--- Respondent For Appellant : Mr. Y.C. Sharma, Senior Advocate with Ms. Pooja Lonia, Advocate.

For Respondent : Mr. B. Gopa Kumar, Advocate.

Hon'ble Smt. Justice Rajani Dubey C.A.V. Judgement

1. As both these appeals arise out of the impugned judgment of conviction and order of sentence dated 19.03.2010 passed by the learned Special Judge (C.B.I.) and First Additional Sessions Judge, Raipur (C.G.) in Special Criminal Case (C.B.I.) No. 46/04, they are heard analogously and being disposed of by this common judgment. The trial court has convicted and sentenced the appellants as under :-

In CRA 271/2010 (All the substantive sentences are directed to run concurrently.)

In CRA No. 275/2010 (All the substantive sentences are directed to run concurrently.)

2. Brief facts of the case as adumbrated by the appellants is that the Hon’ble Supreme Court in the writ petition (civil) No. 202/1995 dated 07.01.1998 and 30.07.1998 passed by it, had directed the C.B.I. to investigate the entire facts on the basis of interim and final report of Lokayukta (then M.P.) regarding cutting of trees standing on Malik Maqbooja and other Government land in District Bastar (then M.P.). Accordingly, C.B.I. registered First Information Report (Ex. P/20 ‘A’) in this case on 08.12.1998. During investigation of this case, it was found that the accused Brihaspati Lal (deceased accused), accused Dheerpal Thakur ( deceased accused) and accused Virendra Netam, all tribals, village Binjauli were encroaching upon the land as may be clear from the perusal of the charge-sheet, for the reasons best known to C.B.I, except four persons mentioned in the impugned judgement, all other persons i.e., the Additional Collectors of Dantewada namely M.R. Sarthi, Pankaj Raog, M.S. Paikra, Amir Ali, Anuraj Jain and the then M.L.A. Mahendra Karma, erstwhile M.L.A. Rajaram Todem, S.C. Khurana, Srinivas Awasthi & Brijmohan Gupta have not been charge sheeted, although on taking the investigation of the C.B.I. at the face value, the other accused persons may also not be liable to be charged with. Since the offence has been registered, the charge-sheet has been filed against the persons mentioned as accused in the impugned judgment, including the present appellants before the concerned Court of the then State of M.P. The appellant Virendra Netaam has been charge sheeted with the offence under Sections 120B, 420/120B, 468/120B & 471/120B of the IPC, whereas the appellant Parshuram Dewangan has been charge sheeted with the offence under Sections 120B, 420, 468, 471 and under Section 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act, 1988 and it has been stated that the appellants have cheated and defrauded the then State of M.P. However, since new State of Chhattisgarh has been carved out, the learned Judge, without altering the charge