Advocates:
['GOUTAM KHETRAPAL', '', 'AVINASH CHAND SAHU', 'Kapil Maini', 'SHANTANU PARMANAND', 'SANJAY KUMAR AGRAWAL', 'A G']

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Criminal Appeal No. 1609 of 201

6

1. Neelesh Kumar Bhivgade, S/o Suresh Kumar Bhivgade, aged about

30 years, Occupation – Truck Driver, R/o Shardapara, Bhairav Basti,

near Society, Camp-2, Bhilai, Thana – Chhawani, Distt.Durg (CG)

2. Sonu @ Mahesh Kumar Bhivgade, S/o Suresh Kumar Bhivgade, aged

about 27 years, Occupation – Daily Wages worker in General Store,

R/o Shardapara, Bhairav Basti, near Society, Camp-2, Bhilai, Thana –

Chhawani, Distt.Durg (CG)

---- Appellants

(In Jail)

Versus

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

Chhawani, District Durg (CG)

---- Respondent

-------------------------------------------------------------------------------------------

For Appellants

:

Mr.Goutam Khetrapal, Advocate

For Respondent-State

:

Mr.Afroz Khan, Panel Lawyer

-------------------------------------------------------------------------------------------

DB: Hon'ble Shri Justice Sanjay K. Agrawal and

Hon'ble Shri Justice Sachin Singh Rajput

Judgment

on Board

(5.9.2022)

Sanjay K. Agrawal, J

1. This criminal appeal preferred by the appellant-accused under Section

374(2) of the CrPC is directed against the impugned judgment of

conviction and order of sentence dated 27.8.2015, passed by the

learned Second Additional Sessions Judge, Durg in Sessions Trial

No.127/2014, by which the appellants have been convicted for offence

under Section 302/34 of the IPC and sentenced them to undergo

imprisonment for life and further sentenced to fine of Rs.250/-, in

default of payment of fine, to further undergo R.I. for 6 months and

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appellant No.1 has also been convicted for offence under Section 25 &

27 of the Arms Act and sentenced him to undergo R.I. for 3 years and

further sentenced to fine of Rs.250/-, in default of payment to further

undergo R.I. for six months.

2. Case of the prosecution, in brief, is that on 28.3.2014 between 9.30 to

10 p.m. at Madhya Yug Nirman School, Bhilai, P.S. Durg, the

appellants assaulted deceased Afsar Khan by knife by which he

suffered injuries & died and thereby committed the offence under

Sections 302/34 of the IPC and Sections 25 & 27 of the Arms Act. It is

further case of the prosecution that on 28.3.2014 a meeting was held

in presence of Miss Saroj Pandey for ensuing Loksabha election in

which the appellants, deceased Afsar Khan, Dharmendra Diwakar

(PW-1) and Bhola Sahu (PW-2) and other persons all were present

and after completion of programme, they had gone to their respective

homes. After two hours between 9.30 p.m. to 10.00 p.m., deceased

Afsar Khan, Dharmendra Diwakar (PW-1) and Bhola Sahu (PW-2) all

were again assembled together, at that time, appellant No.1-Neelesh

reached there and abused Dharmendra Diwakar (PW-1), Bhola Sahu

(PW-2) and other persons who were present there and then appellant

No.2-Sonu @ Mahesh Kumar came there and also abused them as to

why they are threatening his brother appellant No.1-Neelesh, then

some altercation took place between them, in the meantime, appellant

No.2-Sonu @ Mahesh Kumar caught hold of the deceased and

appellant No.1-Neelesh caused stab injury by knife on right side of

chest of Afsar Khan, by which he suffered grievous injury. He was

taken to Jawaharlal Nehru Hospital & Reserach Center, Bhilai where

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he was declared dead. Dharmendra Diwakar (PW-1) made FIR vide

Ex.P-1 and thereafter merg intimation was also recorded vide Ex.P-15.

Inquest was conducted over the dead body of the deceased. Spot map

was prepared by the investigating officer vide Ex.P-3. Patwari also

prepared spot map vide Ex.P-4. Dead body of the deceased was sent

for postmortem to Government Hospital, Durg, where Dr. N.C.Rai

(PW-12) conducted postmortem vide Ex.P-16 and opined that cause of

death was due to stab injury on chest. Pursuant to the memorandum

statement of appellant No.1-Neelesh Kumar vide Ex.P-7, knife w