1 CRA No.1851/2024, 2052/2024 and 2007/2024 2025:CGHC:30879-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1851 of 2024 1 - Ramkishan @ Borra Madhukar S/o Shivnath Madhukar, Aged About 46 Years R/o Village Chhoterabeli, P.S. Malkharauda, District Sakti, Chhattisgarh. 2 - Amrit Madhukar S/o Sudheram Madhukar, Aged About 46 Years R/o Village Chhoterabeli, P.S. Malkharauda, District Sakti, Chhattisgarh. 3 - Laxmi Prasad Madhukar@Sonu S/o Kishan Madhukar (Ramkishan @ Borra Madhukar), Aged About 22 Years R/o Village Chhoterabeli, P.S. Malkharauda, District Sakti, Chhattisgarh. 4 - Sanjay Madhukar S/o Amrit Lal Aged About 20 Years R/o Village Chhoterabeli, P.S. Malkharauda, District Sakti, Chhattisgarh. --- Appellant versus State Of Chhattisgarh Through The Police Station Malkharauda, District Janjgir-Champa, Chhattisgarh. --- Respondent CRA No. 2052 of 2024 Paltan Kathle S/o Chilhar Kathle Aged About 83 Years R/o Village Chhote Rabeli, Police Station- Malkharoda, District Sakti, Chhattisgarh. ---Appellant Versus The State Of Chhattisgarh Through The Station House Officer, Police Station Malkharoda, District : Janjgir-Champa, Chhattisgarh --- Respondent AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.07.08 16:13:56 +0530 2 CRA No.1851/2024, 2052/2024 and 2007/2024 CRA No. 2007 of 2024 Chhatram Kathale S/o Shri Paltan Kathale, Aged About 36 Years R/o Village-Chhoterbeli, Police Station-Malkharouda, District-Sakti (C.G.) ---Appellant Versus State Of Chhattisgarh, Through- The Station House Officer, Police Station-Malkharouda, District-Janjgir-Champa (Now Sakti ) C.G. ... Respondent ---------------------------------------------------------------------------------------- For Respective Appellants : Mr. Rahil Arun Kochar, Mr. Parag Kotecha and Mr. Rishi Rahul Soni, Advocates For Respondent-State : Mr. Shashank Thakur,Dy. A.G. ----------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Bibhu Datta Guru, Judge 07.07.2025 1. Since all the above appeals arising out of same crime, and the facts and grounds as also relief is same, therefore, they are being considered and decided by this common order. 2. These criminal appeals filed by the appellants-accused under Section 415(2) of B.N.S.S. is directed against the impugned judgment of conviction and order of sentence dated 05/09/2024, passed by the learned 2nd Additional Sessions Judge, Sakti, District:Janjgir-Champa (C.G.) in Sessions Case No. 16/2022, whereby the appellants-accused have been convicted and sentenced as under:- 3 CRA No.1851/2024, 2052/2024 and 2007/2024 Conviction Sentence Under Section 147/149 of the IPC R.I. for 1 year & fine of Rs.500/-, in default, additional R.I. for 3 months. Under Section 148/149 of the IPC R.I. for 2 years & fine of Rs.1000/-, in default, additional R.I. for 6 months. Under Section 302/149 of the IPC Life imprisonment & fine of Rs.2000/-, in default, additional R.I. for 1 month. All the sentences are directed to run concurrently. 3. Brief facts of the case is that the village Chhoterbeli comes under Gram Panchayat Bhutha and the deceased Dwarika Prasad was the Sarpanch of Gram Panchayat Bhutha. It is alleged that there was encroachment on 52 acres of land in village Chhoterbeli and a resolution was passed by the Gram Panchayat Bhutha for seizure of crop grown upon the encroached land and the date 13/12/2021 was fixed by Tahsil Office for cooperation, but on 12/12/2021, the encroachers started cutting the crops and the said information regarding cutting the crops was given by the deceased/Dwarka Prasad to the Tahsildar and the deceased was advised to make call on Dial 112 and furthermore, Naresh Singh Sidar, Shyam Kumar Soni and Ghasiram Sidar were asked to come on Cricket ground by phone call. At about 10:45 a.m., Dial 112 reached there along with Ghasiram Sidar, Vikram Pratap Marawi and ShyamKumar Soni and started interrogation, but the appellants along with other accused persons started abusing 4 CRA No.1851/2024, 2052/2024 and 2007/2024 assaulting the deceased by means of stick, iron rod and hands and fist as a result of which the deceased sustained injuries. Thereafter, the deceased was taken to hospital Malkharouda and was referred to CIMS, Bilaspur, but deceased died on the way near Village Sakkara. It is also alleged that Takeshwar Kumar Katakwar (PW-17) and Vikram Pratap Marawi (PW-4) were assaulted in order to obstruct them. Subsequently, Naresh Singh Sidar (PW-1) lodged an FIR vide Ex.P-1 against the appellants/accused. Spot map was prepared vide Ex.P-4. After due investigation, police arrested the appellants. Memorandum statements of appellants were recorded vide Exs.P-17 to P-23. On the basis of memorandum statement of appellants- Amritlal and Paltan, weapon used in crime i.e. Iron rod and wooden stick were seized vide Ex.P-24 to P-30 and sent for chemical examination to FSL. The dead-body of deceased was sent for postmortem examination and in the postmortem examination report (Ex.P/38), Dr. Pravin Kumar Sahu (PW-10) opined that the cause of death was cardio-respiratory failure, due to hemorrhagic shock, excessive blood loss and the nature of death is homicidal. After completing the investigation, the final report was prepared. 4. The prosecution in order to prove its case examined as many as 21 witnesses and exhibited 64 documents. Statement of the appellants under Section 313 of Cr.P.C. was recorded wherein 5 CRA No.1851/2024, 2052/2024 and 2007/2024 they have pleaded their innocence and false implication in the matter. 5. The learned trial Court after appreciating the oral and documentary evidence available on record proceeded to convict the appellants herein for the aforementioned offence and sentenced them as mentioned herein-above against which these appeals have been preferred by the appellants-accused herein questioning the impugned judgment of conviction and order of sentence. 6. Learned counsel for the appellants would submit that the appellants have been falsely implicated in the present case. They would submit that the statements of all the prosecution witnesses are full of contradiction and omissions, hence, no implicit reliance could be placed on such kind of testimony. The testimony of prosecution witnesses could not be relied upon in the facts and circumstances of the present case. They would further submit that there is a delay in lodging the FIR against the appellants/accused. Moreover, the prosecution has failed to prove the necessary ingredients of the offences beyond all reasonable doubt against the appellants. Hence, looking to the entire evidence adduced by the prosecution, the alleged offence is not made out against the appellants and they have been falsely implicated in the present case. As such, the criminal appeal deserves to be allowed and the impugned judgment deserves to be set aside. 6 CRA No.1851/2024, 2052/2024 and 2007/2024 7. Per-contra, learned State counsel supported the impugned judgment of conviction and order of sentence and submits that the prosecution has proved the offence beyond reasonable doubt by leading evidence of clinching nature. The learned trial Court has rightly convicted the appellants for the aforesaid offence, thus, the present appeal deserves to be dismissed. 8. We have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 9. The first and foremost question is as to whether the death of the deceased was homicidal in nature, which the learned trial Court has recorded in affirmative by taking into consideration the oral and documentary evidence available on record and particularly considering the postmortem report (Ex.P/38) which is duly proved by the evidence of Dr. Pravin Kumar Sahu (PW-10). Accordingly, taking into consideration the postmortem report (Ex.P/38) and the statement of Dr. Pravin Kumar Sahu (PW-10) that the nature of death of deceased was homicidal in nature, we are of the considered opinion that the learned trial Court is absolutely justified in holding that the death of the deceased is homicidal in nature, as the same is correct finding of fact based on evidence and same is neither perverse nor contrary to the record. Accordingly, we hereby affirmed the said finding. 10. Now the next question would be whether the accused-appellants 7 CRA No.1851/2024, 2052/2024 and 2007/2024 herein are the author of the crime in question ? 11. Vikram Pratap Marawi (PW-4), who is eye witness in the case, stated in his evidence that on 12.12.2021 at 09.30 a.m., Sarpanch Dwarika Prasad/deceased informed him that the crops are being harvested by encroachers. He stated that the Tehsildar Malkharoda had ordered the seizure of the crop on 13.12.2021 and the Panchayat also passed the resolution in this regard. But, on 12.12.2021, he along with Sarpanch Dwarika Prasad, reached near the cricket ground at around 10-11 am, where the crop was cutting by the encroachers. At that time, Ghasi Ram, Shyam Kumar Soni were already present near the cricket ground. The Sarpanch gave information regarding the cutting of crops to the Tehsildar Malkharoda through phone, then the Tehsildar advised to call Dial 112. Dial 112 reached the spot at around 11 o'clock. The encroachers were already present on the spot along with, Borra alias Ramkishan, his son Sonu, Amrit Madhukar, his son Sanjay, Paltan, Chhatram and Loknath. He further stated that the above appellants/accused abused the Sarpanch and said ‘who are you to remove encroachment’ and started assaulting the Sarpanch. The accused/appellants were carrying sticks, motorcycle saddle rod and iron rods. When the accused/appellants were assaulting the Sarpanch, the Kotwar-Ghansiram and police intervened. During the intervention, he suffered injuries on nose. The policeman also suffered injury on his hand while intervening. After that the 8 CRA No.1851/2024, 2052/2024 and 2007/2024 accused/appellant said “you all run away from here or else we will beat you too”. He further stated in his statement that the Sarpanch had papers in his hand, they snatched the papers and broke his mobile. The Sarpanch/deceased was lying injured on the spot, the bone of right leg of the Sarpanch was broken and blood was oozing out from various parts of the body of deceased. After sometime, the villagers and the police also reached the spot and the deceased was taken to hospital, where the deceased died on the way near the village Sakarra. 12. Ghansiram (PW-2), stated in his evidence, that the incident took place on 12.12.2021 at around 11 o'clock. Dial 112 was also attending on the spot, where the Sarpanch and the appellants/accused were present on the spot. The policemen who came to Dial 112 had asked the Sarpanch to show the documents regarding encroachment. The Sarpanch was showing his documents to the policeman, at the same time the appellants/ accused Borra, Borra's son Sonu, Amrit, Amrit's son Sanjay, Paltan, Chhatram, Loknath started abusing and beating the Sarpanch by means of stick, motorcycle saddle rod and 16 mm iron rod, due to which Sarpanch fell down on the ground, subsequently, the accused/ appellants started assaulting him from all sides. Blood was oozing out of his body. Thereafter, police was called and the deceased was taken to the hospital. 13. Takeshwar Kumar Katakwar(PW-17), Constable, stated in his 9 CRA No.1851/2024, 2052/2024 and 2007/2024 evidence that on the date of the incident, he was on duty in Dial 112 vehicle in Hasaud. At around 10-11 am, a message was received on the MDT of Dial 112 vehicle from Raipur control room that encroachers are being cutting the crops in village Rabeli. On receiving the information, he went to village Rabeli with the driver of the vehicle. At the same time, 8-10 people came to him from the field and started interrogation, then he said that he came after getting information from the control room that cutting of crop is going on by the encroachers. Thereafter, the Sarpanch/deceased shown the papers of the Tehsildar then, some people hold of Sarpanch and and took him away from there and 8-10 people started abusing and assaulting him by means of sticks and rods. When he tried to save the Sarpanch, 3-4 accused persons threatened him to leave the place or else they would beat him and kill him. After that, he called the Police Station in-charge Malkharuda and informed about the incident. After 10-15 minutes, the police arrived there and took the Sarpanch to the hospital in a Dial 112 vehicle. 14. Dr. Pravin Kumar Sahu (PW-10), who conducted the postmortem of deceased and found the following injuries:- 1. There was a dark red contusion on the front 1/3rd of the left knee of the deceased extending upto the thigh and upto the middle 1/3rd at the back. 2. There were two dark red stitched injuries on the left knee of the deceased. 10 CRA No.1851/2024, 2052/2024 and 2007/2024 3. A dark red contusion was present on the left leg of the deceased, covering the front half of the upper leg. 4. There was a deep lacerated wound on the sole of the right foot of the deceased, measuring 8 x 0.5 cm, deep down to the muscle. 5. A lacerated wound was found on the lower side of the right leg of the deceased, measuring 6 x 3 cm, deep to the bone. 6. A lacerated wound was found on the right leg of the deceased with bone pieces protruding from it, measuring 3 x 2 cm, situated between the middle 1/3 and bottom 1/3 of the leg. 7. A lacerated wound measuring 2 x 2 cm was found on the right leg of the deceased, through which the muscle was exposed. 8. A dark red lacerated wound was found on the right leg of the deceased, deep to the bone. 9. There was an abrasion present on the left forearm of the deceased, which was dark red in colour, measuring 5 x 1 cm, which was present above the wrist. 10. There was a dark red abrasion along with swelling and contusion on the posterior front side of the left palm of the deceased measuring 2 x 3 cm 11. There was an abrasion and contusion on the right forearm of the deceased, measuring 10 x 2 cm. 12. There was a dark red contusion present on the back side of the right forearm of the deceased in the upper 1/3 portion of the wrist, measuring 5 x 4 cm. 13. There was a deep red contusion on the right thigh of the 11 CRA No.1851/2024, 2052/2024 and 2007/2024 deceased, which was present in the middle 1/3 and lower 1/3 portion. 15. In the FSL report vide Ex.P/64, blood stains were found in articles A, B, C, D, J, K, L and N, i.e. clothes of the deceased and appellants; and also in sariya, wooden sticks, Iron rod,which are used in crime and seized on the basis of memorandum of appellants. 16. Despite the fact that the resolution was passed by the Gram Panchayat Bhutha for seizure of crop grown on encroached land and the date i.e. 13.12.2021 was fixed by the Tahsildar for cooperation, but on 12.12.2021, the appellants/accused without following the rules, started cutting the grown crops on the government land. To object the same, the Sarpanch/deceased called the police, Vikram Pratap Maravi(PW-4), who is eye witness, Ghansiram(PW-2) and Takeshwar Kumar Katakwar(PW-17) on the spot where encroachers are cutting the crops, thereafter, the Sarpanch shown the papers of Tahsildar to the police. Suddenly, the appellants herein who are the encroachers, started abusing and assaulting the Sarpanch by means of Sariya, Iron rod and wooden sticks, due to which, the Sarpanch/deceased fell down, suffered grievous injuries and blood was oozing out from the body of the Sarpanch/deceased. Apart from that, the appellants/accused also threatened to kill PW-3, PW-4 and PW-17 (police personnel), who are intervened the matter. 12 CRA No.1851/2024, 2052/2024 and 2007/2024 17. From bare perusal of postmortem report, the injuries suffered by the Sarpanch/deceased were grievous in nature, which was assaulted by the appellants by means of iron rod and wooden sticks; cause of death was cardio-respiratory failure, hemorrhagic shock and excessive bleeding. 18. Considering the statement of Vikram Pratap Maravi(PW-4), who is eye witness, Ghansiram(PW-2) and Takeshwar Kumar Katakwar(PW-17); particularly considering the injuries caused to the Sarpanch/deceased by the appellants from the postmortem report, we hereby accept the finding recorded by the trial Court that the appellants-accused assaulted the Sarpanch/deceased by which he suffered grievous injuries and died. As such, the finding recorded by the trial Court that the appellants have caused the injuries upon the deceased is based on evidence available on record and accordingly, we hereby affirm the finding recorded by the learned trial Court that the appellants-accused is the author of the crime in question. 19. In view of foregoing discussion, we are the of the considered opinion that the learned trial Court has rightly convicted the appellants for offence mentioned in para 2 of this judgment. 20. The appellants are stated to be in jail and they shall serve out the remaining period of jail sentence as awarded to them by the learned trial Court. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the 13 CRA No.1851/2024, 2052/2024 and 2007/2024 appellants are undergoing the jail sentence to serve the same on the appellants informing them that they are at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon'ble Supreme Court with the assistance of High Court Legal Services Committee or the Supreme Court Legal Services Committee. 21. Accordingly, all the Criminal Appeals are dismissed. 22. Let a certified copy of this judgment along with the original record be transmitted forthwith to the trial Court for information and necessary action. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Judge Amardeep/Shoaib