Chattisgarh High Court
Gandhoram vs State Of Chhattisgarh on 7 July, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 879 of 2020
1. Gandhoram S/o Pilluram Karanga Aged About 27 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
2. Dashmu Kachlam S/o Chaituram Aged About 28 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
3. Maghu Karanga S/o Bhadu Karanga Aged About 50 Years R/o Village Mahka, P.
S. Tehsil And District Narayanpur Chhattisgarh
4. Singaluram Kumeti S/o Ghadhvaram Kumeti Aged About 29 Years R/o Village
Mahka, P. S. Tehsil And District Narayanpur Chhattisgarh
5. Ghasiyaram Salam S/o Malsai Salam Aged About 40 Years R/o Village Mahka,
P. S. Tehsil And District Narayanpur Chhattisgarh
6. Dular Singh S/o Dasuram Aged About 20 Years R/o Village Mahka, P. S. Tehsil
And District Narayanpur Chhattisgarh
7. Santu Karanga S/o Bisru Karanga Aged About 27 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
8. Sonu Karanga S/o Somra Karanga Aged About 20 Years R/o Village Mahka, P.
S. Tehsil And District Narayanpur Chhattisgarh
9. Dalu Karanga S/o Ramadhar Karanga Aged About 30 Years R/o Village Mahka,
P. S. Tehsil And District Narayanpur Chhattisgarh
10. Bhadaru Karanga S/o Manuram Karanga Aged About 50 Years R/o Village
Mahka, P. S. Tehsil And District Narayanpur Chhattisgarh
11. Sanker Uike S/o Mangtu Uike Aged About 45 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
12. Ghasiram S/o Maharu Kaclam Aged About 45 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
13. Raijuram S/o Lakhmuram Aged About 23 Years R/o Village Mahka, P. S. Tehsil
And District Narayanpur Chhattisgarh
14. Bulki Karanga S/o Sukalu Karanga Aged About 25 Years R/o Village Mahka, P.
S. Tehsil And District Narayanpur Chhattisgarh
15. Basu Kachlam S/o Maharu Kachlam Aged About 38 Years R/o Village Mahka, P.
S. Tehsil And District Narayanpur Chhattisgarh
16. Gangaram S/o Nehru Kachlam Aged About 35 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
17. Kave Kumeti S/o Dasu Kumeti Aged About 20 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
18. Santer Karanga S/o Bisaru Karanga Aged About 21 Years R/o Village Mahka, P.
S. Tehsil And District Narayanpur Chhattisgarh
19. Sukman S/o Savis Karanga Aged About 20 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
20. Rainu Kaudhe S/o Kubur Aged About 22 Years R/o Village Mahka, P. S. Tehsil
And District Narayanpur Chhattisgarh
21. Kolu Kaudho S/o Manku Kaudho Aged About 21 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
22. Peelu S/o Mahanguram Kachlam Aged About 19 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
23. Ghassuram Bui S/o Kupadhram Aged About 20 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
24. Pradeep S/o Puanu Kachlam Aged About 21 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
25. Dhelu Karanga S/o Konda Karanga Aged About 22 Years R/o Village Mahka, P.
S. Tehsil And District Narayanpur Chhattisgarh
26. Asadhu Karanga S/o Raju Karanga Aged About 35 Years R/o Village Mahka, P.
S. Tehsil And District Narayanpur Chhattisgarh
27. Sonva Karanga S/o Komra Karanga Aged About 25 Years R/o Village Mahka, P.
S. Tehsil And District Narayanpur Chhattisgarh
28. Sanauram Kaudho S/o Danu Kaudho Aged About 20 Years R/o Village Mahka,
P. S. Tehsil And District Narayanpur Chhattisgarh
29. Rassu Salam S/o Nalsai Salam Aged About 27 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
30. Pitram Bui S/o Sukhram Bui Aged About 20 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
31. Dukalu Kumeti S/o Ghadhva Kumeti Aged About 35 Years R/o Village Mahka, P.
S. Tehsil And District Narayanpur Chhattisgarh
32. Raisingh Bui S/o Late Lakhmu Bui Aged About 30 Years R/o Village Mahka, P.
S. Tehsil And District Narayanpur Chhattisgarh
33. Ratan Singh S/o Sonu Karanga Aged About 28 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
34. Sudran S/o Mangalram Kachlam Aged About 19 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
35. Chaitram Kachlam S/o Punauram Kachlam Aged About 28 Years R/o Village
Mahka, P. S. Tehsil And District Narayanpur Chhattisgarh
36. Faguram S/o Soma Karanga Aged About 35 Years R/o Village Mahka, P. S.
Tehsil And District Narayanpur Chhattisgarh
37. Magel Karanga S/o Late Pandu Karanga Aged About 45 Years R/o Village
Mahka, P. S. Tehsil And District Narayanpur Chhattisgarh
---- Appellants
Versus
• State Of Chhattisgarh Through The Police Station Narayanpur, District
Narayanpur Chhattisgarh ---- Respondent
07-07-2021 Mr. Vishnu Koshta and Mr. Shobhit Koshta, counsel for the appellant/s.
Mr. Anurag Verma, PL for the State/respondent.
There is application for deleting the name of appellant No. 37 (Mangel
Karanga) on the submission that he has been wrongly impleaded as appellant
though he is no longer alive and in fact he died during the pendency of the
trial.
This application is not opposed and therefore, IA No.2/2021 is allowed.
Accordingly, the name of appellant - Mangel Karanga be deleted from the
cause title by carrying out necessary correction.
Heard on I.A. No. 01/2020 application for suspension of sentence and
grant of bail filed on behalf of the appellants No. 1 to 36.
The appellants have been convicted under the impugned judgment of
conviction and order of sentence dated 06.10.2020 passed by the Additional
Sessions Judge, Kondagaon, District Kondagaon, CG in Sessions Trial No.
52/2015.
At the outset learned counsel for the appellants seeks to withdraw the
suspension application filed on behalf of appellants Nos. 1 (Gandhoram), 2
(Dashmu Kachlam), 3 (Magdhu Karanga), 4 (Singaluram Kumeti), 5
(Ghasiyaram Salam), 6 (Dular Singh), 7 (Santu Karanga), 8 (Sonu Karanga)
and 9 (Dalu Karanga).
Accordingly, application for suspension of sentence on behalf of
appellants No.1 to 9 is dismissed as withdrawn.
Learned counsel for the appellants submits that he would be pressing
application for suspension of sentence and grant of bail filed by appellants
No.10 to 36 only.
Learned counsel for the appellants would argue that the prosecution
evidence of Mankuram (PW-4) and Ranu Karanga (PW-8) only proves that a
meeting in the village was called where large number of villagers in the
including the appellants No.10 to 36 were also present. However, Mankuram
(PW-4) and Ranu Karanga (PW-8) both have not alleged any criminal overt
act on the part of the these appellants that in the village meeting these
appellants either assaulted deceased Ghadwaram, Dasvibai and Ramvati or
did any other overt act of abetting commission of offence or doing anything but
their involvement is based only on post assault and murder that the other co-
accused who had assaulted had taken the dead body of Ramvati and
Dasvibai towards forest and there the dead bodies were set on fire and in that
act the appellants also helped in collecting fire woods. It is argued that, that
much of overt act alleged against the appellants No. 10 to 36 could, at the
most, involve them for commission of offence under Section 201 IPC and not
for murder with the aid of Section 149 IPC as that is not evidence of common
object of murder of the deceased Ramvati and Dasavibai.
On the other hand, learned State counsel would argue that though the
prosecution witnesses Mankuram (PW-4) and Ranu Karanga (PW-8) have not
stated regarding any criminal overt act on the part of the appellants in the
village meeting where they were being assaulted by other accused, there is
definite evidence that the appellants helped the other accused in getting the
dead bodies set on fire by helping to collect fire woods. Therefore, the trial
Court has rightly drawn the inference of appellants No.10 to 36 also sharing
common object with the other accused.
Having considered the submission of learned counsel for the parties,
particularly taking into consideration the evidence of Mankuram (PW-4) and
Ranu Karanga (PW-8) with regard to the alleged criminal overt act against
appellants No.10 to 36 and taking into consideration the finding of the learned
trial Court that the evidence of PW-8 to the extent of present appellants No.10
to 36 involved in setting on fire the dead bodies, and the argument of learned
counsel for the appellants, we are inclined to allow the suspension application
of appellants Nos. 10 (Bhadaru Karanga), 11 (Sanker Uike), 12 (Ghasiram),
13 (Raijuram), 14 (Bulki Karanga), 15 (Basu Kachlam), 16 (Gangaram), 17
(Kave Kumeti), 18 (Santer Karanga), 19 (Sukman), 20 (Rainu Kaudhe), 21
(Kolu Kaudho), 22 (Peelu), 23 (Ghassuram Bui), 24 (Pradeep), 25 (Dhelu
Karanga), 26 (Asadhu Karanga), 27 (Sonva Karanga), 28 (Sanauram
Kaudho), 29 (Rassu Salam), 30 (Pitram Bui), 31 (Dukalu Kumeti), 32
(Raisingh Bui), 33 (Ratan Singh), 34 (Sudran), 35 (Chaitram Kachlam) and 36
(Faguram).
Appellants No.10 to 36 shall be released on bail on each of them
furnishing a personal bond of Rs.25,000/- each along with two local sureties of
the like amount to the satisfaction of the concerned trial Court, for their
appearance before the concerned trial Court on 06th September, 2021 and
thereafter on all such further dates as may be directed by the said Court,
interval being not less than 6 months, till final disposal of this appeal.
Post the appeal for final hearing.
Certified copy as per rules.
Sd/- Sd/-
(Manindra Mohan Shrivastava) (Vimla Singh Kapoor)
Judge Judge
Pawan Prajapati
