Digitally signed YOGESH by YOGESH TIWARI TIWARI Date: 2025.09.25

2025:CGHC:48917-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 555 of 2019 Judgment Reserved on : 12.09.2025 Judgment Delivered on : 24.09.2025

1 - Sarita Bai Anant W/o Fotolal Anant Aged About 28 Years R/o Bhilai Bazar, Outpost- Hardibazar, District- Korba, Chhattisgarh.

2 - Smt. Resham Bai Kurre W/o Ram Nihora Kurre Aged About 40 Years R/o Chorhadevri, Police Station- Kota, District- Bilaspur, Chhattisgarh.

3 - Dhirendra Kumar Baghel S/o Rajkumar Aged About 27 Years R/o Village- Budgahan, Pantorapara, Police Station- Baloda, District-

Janjgir Champa, Chhattisgarh.

--- Appellants Versus State of Chhattisgarh Through Station House Officer, Police Station-

Kusmunda, District- Korba, Chhattisgarh.

--- Respondent CRA No. 576 of 2019 Raju Das Mahant S/o Manghan Das Mahant Aged About 32 Years R/o Village Devgaon, Police Station- Deepka, District Korba Chhattisgarh.

--- Appellant Versus State of Chhattisgarh Through The Station House Officer, Police Station Kusmunda, District Korba Chhattisgarh.

--- Respondent CRA No. 848 of 2019 Raja @ Ramashankar Patel S/o Jagatram Aged About 20 Years R/o Reki Salihapara, Chowki- Hardibazar, District Korba Chhattisgarh.

--- Appellant Versus State of Chhattisgarh Through The Station House Officer Police Station- Kusmunda, District Korba Chhattisgarh.

--- Respondent CRA No. 1855 of 2019 Dinesh Kumar Chouhan S/o Mohan Singh Chouhan Aged About 28 Years R/o Village Reki, Lalmatiyapara, Chowki, Hardibazar, District Korba Chhattisgarh.

--- Appellant Versus State of Chhattisgarh Through Police Station Kusmunda, District Korba Chhattisgarh.

--- Respondent (Cause-title taken from Case Information System)

For Appellant : Mr. Akhtar Hussain, Advocate (in CRA No.555/2019)

For Appellant : Mr. Aditya Khare, Advocate (in CRA No.576/2019)

For Appellant : Mr. Atul Kumar Kesharwani, Advocate (in CRA No.848/2019)

For Appellant : Mr. Aditya Khare, Advocate on behalf of Mr.

(in CRA No.1855/2019) Basant Kaiwartya, Advocate For Respondent-State : Mr. Devesh G. Kela, Panel Lawyer Hon'ble Smt. Rajani Dubey, Judge Hon'ble Shri Amitendra Kishore Prasad, Judge

C A V Judgment

Per Amitendra Kishore Prasad, J.

1. Regard being had to the similarity of the questions of fact and law involved, and since all these appeals arise out of a common crime and challenge the impugned judgment dated 13.03.2019 passed by the learned Additional Judge to the Court of Additional Sessions Judge, Katghora, District Korba (C.G.) in Sessions Trial No.15/2018, they have been clubbed, heard analogously, and are being decided by this common judgment.

2. It is an admitted position that accused Mahetrin Bai (A-3) expired during the pendency of the Sessions Trial before the learned Trial Court. So far as accused Sonu Das Mahant (A-9) is concerned, he has been acquitted by the Trial Court on the finding that no charge stood proved against him.

3. It is further an admitted fact that accused Photo Lal Anant (A-1)

expired during the pendency of the criminal appeal pending before this Court. In consequence thereof, the appeal preferred on his behalf, being CRA No.778/2019, stood abated by order dated 12.09.2025 passed by this Court.

4. In the aforesaid background, it is clear that out of the total nine accused persons who were arraigned before the learned Trial Court, two have expired and one has been acquitted. Thus, at present, only six accused persons remain before this Court for consideration of the present appeal.

5. Appellants - Sarita Bai Anant (A-2), Smt. Resham Bai Kurre (A-4)

and Dhirendra Kumar Baghel (A-5) have preferred CRA No.555/2019, appellant - Raju Das Mahant (A-8) has preferred CRA No.576/2019, appellant - Raja @ Ramashankar Patel (A-7) has preferred CRA No.848/2019 and appellant - Dinesh Kumar Chouhan (A-6) has preferred CRA No.1855/2019 under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, “CrPC”) questioning the impugned judgment dated 13.03.2019 passed by the learned Additio