State Of Chhattisgarh vs Deepak Kumar
2021 Latest Caselaw 2338 Chatt

                                                                  NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR
                          CRA No. 92 of 2020
     State Of Chhattisgarh Through - Police Station Ambikapur,
      District Surguja Chhattisgarh., District : Surguja (Ambikapur),
      Chhattisgarh
                                                         ---- Petitioner
                               Versus
   1. Deepak Kumar S/o Kailash Singh Paikra Aged About 20 Years
      R/o Village Kanchanpur, Police Station Dhourpur, Presently R/o
      Village Ashirvad Bhawan, Shivdhari Colony, Gandhinagar,
      District Surguja Chhattisgarh., District : Surguja (Ambikapur),
      Chhattisgarh
   2. Dashrath Das S/o Sahdev Das Panika Aged About 22 Years R/o
      Village Kundikala Nadipara, Police Station Dhourpur, District
      Surguja Chhattisgarh., District : Surguja (Ambikapur),
      Chhattisgarh
   3. Rajendra Das S/o Habla Das Panika Aged About 22 Years R/o
      Village Kanchanpur, Police Station Dhourpur, District Surguja
      Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh
   4. Sanjay Das S/o Chamrudas Panika Aged About 19 Years R/o
      Village Kanchanpur, Police Station Dhourpur, District Surguja
      Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh
                                                       ---- Respondent


For the State       :-    Mr. Rajendra Tripathi, PL.


      Hon'ble Shri Justice Manindra Mohan Shrivastava
         Hon'ble Smt. Justice Vimla Singh Kapoor,

   Order on Board by Justice Manindra Mohan Shrivastava, J.

15.09.2021 Heard on application for condonation of delay as well as appeal

for enhancement of sentence.

Even if, we were inclined to condone the delay we do not find

any merit in the case.

In the memo of appeal grounds have been urged seeking

enhancement of sentence from life imprisonment to death sentence. It

is case of offence under Sections 302/34, 364/A32, 201/34 & 120B/34

IPC whereby offence of kidnapping, ransom and maximum offence of

murder was committed by all the accused, which would not by itself

amount as rarest of rare case as explained in catena of decisions of the

Supreme Court dealing with cases of death sentence. Even from the

impugned judgment of the learned trial Court by which life

imprisonment has been awarded, we do not find that the facts of the

case are such that we should consider enhancement of sentence from

life imprisonment to death sentence.

Therefore, the appeal filed by the State dismissed.

                  Sd/-                                              Sd/-
       (Manindra Mohan Shrivastava)                      (Vimla Singh Kapoor)
                 Judge                                          Judge
Ajay