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2024 Supreme(Online)(CG) 4723
HIGH COURT OF CHHATTISGARH
Sanjay Kumar Jaiswal, J
Santosh Kumar – Appellant
Versus
State of Chhattisgarh – Respondent
CRA No. 163 of 2002|CRA No. 33 of 2002|CRA No. 10 of 2002
For the Appellants/Petitioners: Anuroop Panda, Hamida Siddiqui, Rahul Agrawal, Arham Siddiqui
For the Respondents: Sunita Manikpuri
The court affirmed the conviction of one appellant for homicide, finding sufficient evidence of intent, while acquitting others due to lack of common intention.
Headnote:(A) Indian Penal Code, 1860 - Sections 304 Part-II and 324 - Trial Court conviction of appellants under Sections 304 Part-II and 324/34 IPC upheld in part - Incident of assault leading to death and grievous injuries analyzed - Evidence from witnesses examined, including deceased's relatives, corroborates injuries sustained and manner of assault - Acquittal of certain appellants based on lack of evidence of common intention. (Paras 12, 28, 30, 34)
(B) Criminal Procedure Code, 1973 - Section 374(2) - Legality of judgment challenged - Appeals heard together due to commonality of judgment under dispute. (Paras 1, 2, 3)
Facts of the case:
The appeals arose from a collective assault involving multiple appellants resulting in the death of Deepak alias Badku and injuries to Ravinder alias Raju. The trial court sentenced the appellants to rigorous imprisonment and fines after conviction. (Paras 1, 3)
Findings of Court:
Conviction under Section 304 Part-II upheld for Santosh; acquittal for Billu and Harakh Lal due to insufficient proof of participation and common intention. (Paras 32, 34)
Issues: (1) Was the death of Deepak homicidal? (2) Did the appellants share common intention in perpetrating the assault? (3) Is the conviction of Santosh justified? (Paras 10, 16, 18)
Ratio Decidendi: The court found evidence of planning and execution by Santosh but insufficient evidence to prove common intention among all accused. Thus, the sentence was adjusted based on the passage of time since the offense occurred. (Paras 30, 36)
Result: Appeals partly allowed; convictions maintained or set aside as indicated. Santosh’s sentence reduced. (Paras 34, 36)
| Table of Content |
|---|
| 1. common order for multiple appeals arising from one judgment. (Para 1 , 2) |
| 2. conviction details and sentencing per appellant. (Para 3 , 5) |
| 3. arguments for defense and prosecution regarding proof and witness reliability. (Para 6 , 7) |
| 4. nature of injuries and cause of death established. (Para 9 , 10 , 11) |
| 5. common intention's role in criminal liability discussed. (Para 15 , 28 , 29) |
1. As all these appeals arise out of the same judgment, they are being heard and disposed of by this common order.
2. The present appeals have been preferred under Section 374(2) of Cr.P.C. calling in question the legality, validity and correctness of the impugned judgment dated 14.12.2001 passed by the learned 2nd Additional Sessions Judge, Durg, District - Durg (C.G.), in S.T. No. 144/1998, by which the appellants have been convicted and sentenced as under with a direction to run both the sentences concurrently:-
- Appellant Name Conviction Sentence Santosh Kumar U/s 304 Part-II of IPC R.I. for 7 years and fine of Rs. 500/-.
- U/s 324/34 of IPC R.I. for 6 months and fine of Rs. 500/-.
- In default of payment of total fine amount of Rs. 1000/- additional imprisonment for 6 months.
- Billu alias Ramswaroo p U/s 304 Part- II/34 of IPC R.I. for 7 years and fine of Rs. 500/-.
- U/s 324/34 of IPC R.I. for 6 months and fine of Rs. 500/-.
- In default of payment of total fine amount of Rs. 1000/- additional imprisonment for 6 months.
- Harakhlal U/s 304 Part- II/34 of IPC R.I. for 7 years and fine of Rs. 500/-.
- U/s 324/34 of IPC R.I. for 6 months and fine of Rs. 500/-.
- In default of payment of total fine amount of Rs. 1000/- additional imprisonment for 6 months.
3. As per the judgment of the trial court, the appellants were acquitted of the offences punishable under sections 294, 506 Part-II and 341 of the Indian Penal Code. They were convicted for the offences punishable under Section 304 Part-II of the Indian Penal Code instead of Section 302 or 302/34 of the Indian Penal Code and under Section 324 or 324/34 of the Indian Penal Code instead of Section 307 or 307/34 of the Indian Penal Code.
4. Brief facts of the case are that on the date of offence i.e. 09.11.1997, at about 01:45 pm, Ravinder alias Raju (PW-6) was coming to his house after completing his work and when he reached near Shyam Nagar Camp-2, Police Station- Chhawani, Bhilai, across the canal, the appellants Santosh and Billu alias Ramswaroop were armed with sticks and Appellant Ramsharan (appeal abated against him) was armed with a sword and Harkhlal was empty handed, they surrounded him, started pushing, abusing and threatened him for life. Appellant Santosh was about to be assaulted with a stick, at that time, Ravinder alias Raju's nephew Deepak alias Badku (deceased) came there from the house to save him.
Appellant Santosh assaulted Deepak alias Badku on his head and leg. When Ramsharan tried to assaulte Deepak alias Badku by means of sword, Ravinder Singh alias Raju (PW-6) intervene him due to which Ravinder alias Raju (PW-6) sustained injuries on thumb of his left hand. All the four appellants together assaulted Deepak alias Badku and when he fell down, they ran away from the spot abusing him.
Thereafter, Deepak alias Badku was taken to the hospital. On the same day, on the report of Ravinder alias Raju (PW-6), first information report has been lodged vide Ex.P-9 bearing Crime No. 905/1997 in the police station Chhawani. Medical examination was done. Deepak alias Badku died during treatment, and dead body Panchnama (Ex.P-15) was prepared. Doctor R.N. Pandey (PW-5) examined the dead body of Deepak alias Badku on 12.11.1997 and gave his report vide Ex.P-8 in which the cause of death was said to be hemorrhagic shock due to head injury. Spot map was prepared. Statements of witnesses were recorded. On the basis of the memorandum statement, a sword from Ram Sharan (appeal abated), a bamboo stick from the appellant Santosh and a stick from the appellant Billu alias Ram Swaroop were seized and sen
