Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1655 OF 2019
MANOJ SEVANI Appellant
VERSUS
STATE OF CHHATTISGARH Respondent
WITH
CRIMINAL APPEAL NOS.1656-1657 OF OF 2019
MANOJ YADAV ETC. Appellants
VERSUS
STATE OF CHHATTISGARH Respondent
WITH
CRIMINAL APPEAL NO.1658 OF 2019
MANOHAR BALMIKI Appellant
VERSUS
STATE OF CHHATTISGARH Respondent
AND
CRIMINAL APPEAL NOS.726-728 OF 2021
MANI YADAV & ANOTHER ETC. Appellants
VERSUS
STATE OF CHHATTISGARH Respondent
Signature Not Verified
Digitally signed by Dr.
Mukesh Nasa
Date: 2022.02.16
17:09:00 IST
Reason:
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J U D G M E N T
Uday Umesh Lalit, J.
1. These criminal appeals by eight convicted
accused/appellants are directed against the common judgment
and order dated 10.01.2018 passed by the High Court of
Chhatisgarh at Bilaspur in Criminal Appeal Nos.830, 832, 833,
835, 836, 837, 843, 844 and 914 of 2012.
2. Twelve persons were tried in Sessions Trial No.32 of 2010
in the Court of Additional Sessions Judge, North Bastar,
District Kanker, Chhattisgarh, for having committed offences
punishable under Sections 147, 148, 302/149, 307/149 of the
Indian Penal Code, 1860 (“IPC” for short) and Section 25(1B)
read with Section 4 of the Arms Act, 1959.
3. By its judgment and order dated 04.09.2012, the trial
Court convicted and sentenced all the twelve accused persons
under Sections 302/149 IPC to suffer imprisonment for life;
under Sections 307/149 IPC to suffer rigorous imprisonment
for seven years; and, under Sections 324/149 IPC to suffer
rigorous imprisonment for one year, with imposition of fine
and sentences in default.
Apart from the above convictions, accused No.1 Dinesh
Rawani was also sentenced to suffer rigorous imprisonment for
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one year under Section 25(1B) read with Section 4 of the Arms
Act, 1959.
4. The genesis of the prosecution was in the reporting made
by one Shailendra Kumar Dhruv (who was later examined as PW2
in the trial), on the basis of which FIR No.247 of 2009 dated
19.08.2009 was registered with Police Station City Kanker,
District Kanker, Chhattisgarh in respect of the offences
punishable under Sections 302/307/34 of the IPC and Sections
25/27 of the Arms Act, 1959.
5. The First Information Report named four persons, namely,
Dinesh Rawani, Brijesh Sonkar, Mani Yadav and Parmesh alias
Pammi Thakur while others were not named. The basic
allegations in the First Information Report were as under:-
“I reside at Bhati Para Kanker, and working as
a booking Agent in Mahandera Travals. On
17.08.2009 about 8 pm there is fight between
the younger brother of Brigesh Shonkar and
Lokesh, Dinesh Mahant on certain issues at
Latra Para, due to same on 18.08 2009 around
11 pm the Dinesh Ravani along with some
companion Brijesh Sonkar, Mani Yadav, Parmesh
Alyas Pammi Thakur and others having Gupti and
Wooden stick (Patra) came at Tikara Para Near
Hina Hotel where I with my Friends Ramesh
Samarai, Durgesh Mahant, Natvar Soni, Ravi
Chandavani, Guddu Alyas Parmveer and Paras
Bhai stand near to the Pan Shop of Suresh
Sahu, After watching us they came on 3 to 4
motorcycle and stop there and Dinesh Ravani
take out Gupti and attacked on Durgesh Mahant
in result two injuries caused one on stomach
and another on chest, Natwar Soni try to save
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him during this he was also injured with
Gupti, Mani Yadav with wooden stick (Patra)
and rest of the companion with fist and hand
started beating him and abusing him like
mother and sister and said yesterday you act
like Done "Dadagiri”, Durgesh Mahant and
Natwar Soni were bleeding and fall down, after
incident Dinesh Ravani with his companions
escape from the place of incident by
motorcycle, Dinesh Mahant and Natwar Soni were
took to hospital on motorcycle by Ramesh
Semarai, Parash Bhai and Ashu Shukla, where
Durgesh was died and Natwar Soni was referred
to Raipur for treatment, After that I came to
Police Station for making complain Dinesh
Ravani, Brijesh Sanker, Mani Yadav, Parmesh
and others having Gupti and wooden stick were
came with the intention to kill due to of old
rage and did fight caused grave 1niury in
result Durgesh Mahant was died, I will
identify the friends of Durgesh Ravani after
watching them. I lodge this complaint. Do the
inquiry. The first information report was read
over and it was written as I narrated.”
6. Durgesh Mahant having succumbed to his injuries, post-
mortem on his body was conducted by Dr. A.K. Verma (later
examined as PW9 in the trial), who found injuries in the head
and piercing injury of 3 x ½ c.m. on the left side of the
chest.
The injured Natwar Soni was given medical attention by
Dr. Shirish Yadu (later examined as PW14 in the trial) who
found a cut injury of 2.5 x 3 c.m. in his stomach, which
injury according to the medical opinion was dangerous to
life.
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7. After conducting due investigation, twelve persons as
stated above, were sent up for trial. The prosecution mainly
relied upon the following evidence:-
“A. The injured person Natwar Soni was examined as
PW1 who in his testimony asserted as under:-
“I identify the accused persons who are
present in the Court. On 18.08.2009 at about
10.45 of the clock in front of the house of
Durgesh there is Pan Box. I, along with
Pappu, Ramesh, Durgesh, Paras, Ravi Chandwani
and Dudda near the house of Durgesh, was
standing in Pan Box. At the same time in four
motor cycles Dinesh, Brijesh, Javed, Sheroo,
Manoj Sewani, Manoj Yadav, Parmesh Thakur,
Yogesh, Rajendra Yadav, Arjun Yadav and Vicky
Sarthi near me where I was standing.
Subsequently, caught the collar of Durgesh
Mahant, accused Dinesh Rawani beat him by his
hands and fat, Dinesh was carrying Gupti.
Dinesh Rawani. assaulted by his Gupti on
Durgesh Mahant. At that time I was saving in
between both persons. At the same time
Brijesh caught me from my back side and Javed
caught me from my front side. At the same
time accused Dinesh beat me by his Gupti on
the upper side of my waist i.e. in my stomach
at two places and below the left chest at one
place beat me by his Gupti.
2) Prior to beating (Marpeet) with me when
he assaulted Durgesh Mahant by the Gupti,
Durgesh Mahant fell down below. Thereafter I
was caught by accused Brijesh and Javed and
accused Dinesh Rawani assaulted me by his
Gupti. Due to that attach I fell down below
nevertheless I was not unconscious. After my
falling accused Maniram Yadav gave beating
on my back by Batta. All other accused
persons beat me by their hand and legs.”
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In his cross-examination, the witness accepted
as under:
“At the time of giving my statement to Shri
Packra Saheb in Raipur I did not tell that
other accused persons beat me by their hands
and legs.”
B. PW2, the original informant Shailendra Kumar
Dhruv in his examination-in-chief asserted:-
“I know and identify all 12 accused persons
who are present in the court. I am also
known as Pappu. My main name is Shailendra.
Pappu is my home name. My friends called me
by name of Pappu. I along with Durgesh,
Ravi, Chandwani, Ramesh, Natwar Soni
Paramveer @ Gudda and Paras on 18.08.2009 at
about 11.00 p.m. in the night, the Heena
Hotel which is situated in Tikra Para of
Kanker and near that Hotel there is Sahool
Pan Thela. Where they were standing and were
talking to each other. Between the Heena
Hotel and Sahool Pan Thela, there is house
of Durgesh Mahant. From the Hotel to Sahool
Pan Thela the distance is about 20 ft. And
Heerta Hotel is adjacent to the house of
Durgesh Mahant. At the same time the accused
persons in four motor cycles where we were
standing came and stopped there. The persons
who came in four motor cycles are Dinesh
Rawani, Mani Yadav, Parmesh Thakur, Brijesh
Sonkar, Manohar Valmiki, Manoj Sewani, Manoj
Yadav, Vicky Sarthi, Javed Ali, Yogesh
Thakur, Arjun Yadav and Rajendra Yadav were
there. The accused persons on just their
coming and just on looking Durgesh they all
accused persons started abusing Durgesh
Mahant. They all told Durgesh that you do
some more Dadagiri, today we will teach a
lesson to you. Saying so they all started
beating (Marpeet) with Durgesh Mahant.
Thereafter suddenly Dinesh Rawani who was
having Gupti in his hand assaulted by his
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Gupti to Durgesh Mahant. Mani Ram Yadav was
having Batta of wood. By which Mani Ram
Yadav beat Durgesh Mahant on his head and
back. During this time Natwar Soni started
saving the people. Then Dinesh Rawani by his
Gupti three times assaulted Natwar Soni in
his stomach.
(2) Even after the assault through the Gupti
by Dinesh Rawani to Durgesh Mahant the other
accused persons were also beating Durgesh
Mahant by their hands and legs in which the
accused persons who were beating Durgesh
Mahant by their hands and legs are namely
Dinesh Rawani, Brijesh, Mani Yadav, Parmesh
Thakur, Manohar Valmiki, Manoj Sewani, Manoj
Yadav, Vicky Sarthi, Saiyad Javed Ali, Arjun
Yadav, Rajendra Yadav, Yogesh Thakur. And
keeping in view to murder Durgesh Mahant,
accused Maniram Yadav was beating Durgesh
Mahant by his Batta of wood and other
persons were beating Durgesh Mahant by their
legs and hands. When Dinesh Rawani assaulted
Natwar Soni by his Gupti consequently Natwar
Soni fell down on the earth and he mixed
with his blood on the earth.
C. Another injured person, namely, Ramesh Kumar
Semare (who was later examined as PW3) stated:-
“(3) On 18.08.2009 all accused persons came
in four motor cycles and near us where we
were standing and talking to each other and
started abusing Durgesh Mahant and told
Durgesh Mahant that you do Dadagiri now
where you will go by saving yourself. At the
same time Dinesh Rawani who was having Gupti
in his hand assaulted by Gupti in the chest
of Durgesh Mahant one time. Then the Gupti
entered into the chest. Due to this reason
he fell down on the earth. On this Natwar
Soni and I did make peace in between them.
At the time of making peace in between them
Dinesh Rawani did three assaults on the
stomach of Natwar Soni. Due to three assault
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by the Gupti by Dinesh Rawani, Natwar Soni
also fell down on the earth. The blood was
coming out from his body. Following the
injuries Durgesh Mahant fell down on the
earth. Natwar Soni fell down on the earth.
Despite the same he was in conscious mood. I
did make peace in between the dispute with
Durgesh Mahant. On this Dinesh Rawani
assaulted me one time by his Gupti on my
right hand arm of my body. The injury sign
of the same is still existing inside my
arms. Witness opened his shirt and showed
the same before the Hon'ble Court of his
injury on the right hand arm towards inside.
Then it was found that there was injury sign
on the right hand arm towards inside.
(4) When Durgesh Mahant fell down on the
earth following the assault given by Dinesh
Rawani by his Gupti. Thereafter also the
accused persons namely Brijesh Sonkar, Mani
Yadav, Parmesh Thakur beat Durgesh Mahant by
their Batta of wood on the head of Durgesh
Mahant. Due to that beating Durgesh Mahant
received injuries on his head. The blood was
coming out. The remaining accused persons
namely Manoj Yadav, Manoj Sewani, Arjun
Yadav, Manohar Valmiki, Yogesh Thakur, Javed
Ali did beating (Marpeet) with Durgesh
Mahant with their hands, fats and legs.
Shailendra Dhruv who is known as Pappu was
slapped by Manoj Sewani one time.
(5) When the accused persons heard sound of
coming of the persons of the colony then all
accused persons ran away from the incident
place. The persons who reached at the
incident place in which Shri Anil Patel,
Deepak Chandwani and other 2-3 persons were
there whose name I do not remember.”
D. Ravi Chandwani, who was examined as PW7,
deposed:-
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“(2) On 18.08.2009 in the night at about
10.45 p.m. after taking food from house I
went outside from my house to walk
something. My house is situated in Tikrapara
near the Heena Hotel. I went there for
walking. There my friend Durgadas Mahant his
full name and short name is Durgesh there
Shailendra, Ramesh, Paras Boi and Natwar
Soni met me and I was standing there talking
to them. At the same time on four different
motor cycles Dinesh Rawani, Brijesh Sonkar,
Mani Ram Yadav, Parmesh Thakur, Yogesh
Thakur, Arjun Yadav, Manoj Yadav, Manoj
Sewani, Vicky Sarthi, Manohar Valmiki,
Saiyad Ali, Rajendra Yadav these all 10-12
people were there where we were standing
there they came. Out of the motor cycles
Brijesh Sonkar came at which motor cycle and
getting down from the said motor cycle told
that you become more Dada. Abused telling
motherchod thereafter Brijesh Sonkar did
beating (Marpeet) to Durgesh Mahant by his
Patta as Brijesh Sonkar was having in his
custody. At the same time Natwar Soni was
making peace among them. Thereafter Dinesh
Rawani by his Gupti which was at about 1 and
half feet long as the witness stated it by
his hand showing a sign assaulted on the
head of Durgesh Mahant first time. But
Durgesh turned his head and due to that
reason the Gupti assault of Dinesh Rawani
did not hit Durgesh Mahant. Thereafter
Dinesh Rawani assaulted by his Gupti to
Durgesh Mahant on his chest and this time
Gupti of Dinesh Rawani entered into the
chest of Durgesh Mahant and blood started
coming outside from his chest. Consequently
Durgesh Mahant mixed with his blood and fell
down on the earth. Brijesh Sonkar, Parmesh
Thakur and Maniram Yadav were having Patta.
These all people did beating (Marpeet) on
the head of Durgesh Mahant and also did
beating (Marpeet) on the legs of Durgesh
Mahant. Remaining accused persons did
beating (Marpeet) to Durgesh Mahant by their
hands and legs.”
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8. Considering the evidence on record, the trial Court by
its judgment and order dated 04.09.2012 convicted and
sentenced all the twelve accused persons as stated
hereinabove.
9. The convicted accused persons being aggrieved preferred
appeals before the High Court. By its common judgment and
order dated 10.01.2018, the High Court affirmed the view
taken by the trial Court in respect of accused nos.1 to 9 but
granted benefit of doubt to accused nos.10, 11 and 12,
namely, Yogesh Singh Thakur, Arjun Yadav and Rajendra Yadav.
10. Out of said nine convicted accused, eight have preferred
appeals by special leave before this court while no appeal
has been preferred by accused No.7 Vicky Sarthi.
11. We heard Mr. Suryanarayana Singh, learned Senior Advocate
for the appellants Mani Yadav, Parmesh Thakur, Brijesh
Sonkar, Dinesh Rawani.
We also heard Mr. Raj Kishor Choudhary, Mr. M.C. Dhingra,
Yogesh Tiwari, and Mr. Sameer Srivastava, learned Advocates
for rest of the appellants; and, Mr. Sumeer Sodhi, learned
Advocate for the State.
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12. It was submitted on behalf of the appellants that the
First Information Report was lodged against four named
accused while the identity of the rest of the accused was not
disclosed in the First Information Report. It was further
submitted that the basic allegations were against accused
No.1 Dinesh Rawani while nothing substantial was attributed
to rest of the accused. In the submission of the learned
counsel, the other accused could not be connected with the
aid of Section 149 of the IPC.
13. Mr. Sumeer Sodhi, learned Advocate appearing on behalf of
the State relied upon the decision of this Court in State of
Maharashtra v. Ramlal Devappa Rathod , (2015) 15 SCC 77, to
submit that all the appellants were rightly convicted and
sentenced by the High Court and no interference on any count
was called for.
14. The reporting which led to the registration of the First
Information Report was against four named persons only. PW1,
an injured eye-witness, did not attribute anything
substantial to accused Parmesh in his examination-in-chief
but attributed overt acts to accused Javed. PW2 Shailendra
Kumar Dhruv, the informant, again attributed clear and overt
acts to two of the named persons from the First Information
Report. PW7 Ravi Chandwani on the other hand deposed about
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the acts committed by Brijesh Sonkar, Mani Yadav and Parmesh
with clarity. According to this witness, these three accused
had given patta blows on the head of the deceased.
15. Considering the totality of evidence on record what
emerges is:-
a. Accused No.1 Dinesh Rawani who was armed with
gupti, gave fatal blow on the chest of the
deceased as well as dealt blows on the injured
witnesses.
b. Apart from accused No.1 Dinesh Rawani whose
gupti blow landed in the chest of the deceased,
three accused, accused No.2 Brajesh, accused
No.3 Mani Yadav and accused No.4 Parmesh gave
patta blows on the head of the deceased. The
deceased died as a result of injuries suffered
on the head and in the chest.
c. Except the aforestated four accused, none of the
other accused was stated to have given any blow
to the deceased but as alleged by PW1 Natwar
Soni, accused No.5 Javed had facilitated the
blow by accused No.1 Dinesh Rawani by holding
the witness.
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However, none of the other witnesses had
named Javed with sufficient attribution in their
testimonies.
d. Accused Nos.1 to 4 were thus attributed clear
and overt acts. Their names appeared in the
First Information Report and the case of the
prosecution as against these four accused was
quite clear and consistent.
e. On the other hand, insofar as rest of the
accused are concerned, none of them was named in
the First Information Report.
f. Apart from accused No.5 Javed, nothing
substantial was attributed to anyone. Even the
attribution insofar as accused No.5 Javed was
concerned, was of holding the witness.
g. Accused Nos.10, 11 and 12 have already been
granted benefit of doubt by the High Court.
16. Considering the totality of the circumstances on record,
in our view, except accused No.1 Dinesh Rawani, accused No.2
Brijesh Sonkar, accused No.3 Mani Yadav and accused No.4
Parmesh Thakur, rest of the accused persons, namely, Sayyed
Javed, Manoj Sevani, Manoj Yadav and Manohar Balmiki are also
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entitled to the benefit of doubt and are thus acquitted of
all the charges levelled against them.
Since participation and acts committed by accused No.1 to
accused No.4 are clearly spelt out and stand proved from the
record, we convert conviction of said accused Nos.1 to 4 from
Sections 302/149 IPC to Sections 302/34 IPC. Similarly, their
conviction under Sections 307/149 IPC is also converted to
one under Sections 307/34 IPC.
17. We, thus, dismiss the appeals preferred by accused No.1
Dinesh Rawani, accused No.2 Brijesh Sonkar, accused No.3 Mani
Yadav and accused No.4 Parmesh Thakur, but allow the appeals
preferred by the accused/appellants, namely, Manoj Sevani,
Manoj Yadav, Sayyed Javed, and Manohar Balmiki.
18. The acquitted appellants be set at liberty forthwith
unless their custody is required in connection with any other
crime.
............................J.
(UDAY UMESH LALIT)
............................J.
(S. RAVINDRA BHAT)
............................J.
(PAMIDIGHANTAM SRI NARASIMHA)
New Delhi,
February 15, 2022.