CHOTELAL NISHAD Vs. STATE OF C.G.
LAWS(CHH)-2017-7-12
HIGH COURT OF CHHATTISGARH (FROM: BILASPUR)
Decided on
July 13,2017
Chotelal Nishad
Appellant
VERSUS
STATE OF C.G.
Respondents
Referred Judgements :-
VALSALA V. STATE OF KERALA [REFERRED TO]SAMA ALANA ABDULLA V. STATE OF GUJARAT [REFERRED TO]
GOLBER HUSSAIN V. STATE OF ASSAM [REFERRED TO]
STATE OF GUJARAT V. ANIRUDH SINGH [REFERRED TO]
HYDRU V. STATE OF KERALA [REFERRED TO]
PAKALA NARAYANASWAMI V. EMPEROR [REFERRED TO]
KASHMIRA SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
SANTA SINGH VS. STATE OF PUNJAB [REFERRED TO]
K CHINNASWAMY REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
HARICHARAN KURMI JOGIA HAJAM VS. STATE OF BIHAR [REFERRED TO]
RAM KISHAN SINGH VS. HARMIT KAUR [REFERRED TO]
AKALU AHIR VS. RAMDEO RAM [REFERRED TO]
GANESH BHAVAN PATEL VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE OF RAJASTHAN VS. DAULAT RAM [REFERRED TO]
SHARAD BIRDHICHAND SARDA VS. STATE OF MAHARASHTRA [REFERRED TO]
BANSI LAL VS. LAXMAN SINGH [REFERRED TO]
MOHAMMAD AMAN BABU KHAN VS. STATE OF RAJASTHAN [REFERRED TO]
VIJAYAN ALIAS RAJAN K V SADANANDAN VS. STATE OF KERALA [REFERRED TO]
JASWANT SINGH VS. STATE OF HARYANA [REFERRED TO]
SURESH VS. STATE OF UTTAR PRADESH [REFERRED TO]
JOSEPH VS. STATE OF KERALA [REFERRED TO]
BHIM SINGH VS. STATE OF HARYANA [REFERRED TO]
SHINAGARA SINGH VS. STATE OF HARYANA [REFERRED TO]
STATE OF M P VS. PALTAN MALLAH [REFERRED TO]
KALLU ALIAS MASIH VS. STATE OF M P [REFERRED TO]
CHANDRAPPA VS. STATE OF KARNATAKA [REFERRED TO]
SUKHRAM VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE OF PUNJAB VS. LAKHWINDER SINGH [REFERRED TO]
S ARUL RAJA VS. STATE OF TAMIL NADU [REFERRED TO]
SHERIMON VS. STATE OF KERALA [REFERRED TO]
SAMPATH KUMAR VS. INSPECTOR OF POLICE [REFERRED TO]
JITENDER KUMAR VS. STATE OF HARAYANA [REFERRED TO]
BHADRAGIRI VENKATA RAVI VS. PUBLIC PROSECUTOR HIGH COURT OF A.P., HYDERABAD [REFERRED TO]
BABUBHAI BHIMABHAI BOKHIRIA VS. STATE OF GUJARAT [REFERRED TO]
STATE OF HARYANA VS. SATENDER [REFERRED TO]
SEENA @ SRINIVASA VS. STATE OF KARNATAKA [REFERRED TO]
UPENDRA PRADHAN VS. STATE OF ORISSA [REFERRED TO]
JUDGEMENT
RAJENDRA CHANDRA SINGH SAMANT,J. -
(1.)By this judgment, five appeals being Criminal Appeals No. 19 of 2002, 30 of 2002, 43 of 2002, 46 of 2002 and Acquittal Appeal No. 447 of 2010 and Criminal Revision No. 186 of 2002 are being disposed of since they arise out of one incident and one judgment of the trial court dated 29.11.2001 passed by the 3rd Additional Sessions Judge, Raipur in Sessions Trial No. 113 of 1998.
(2.)Chhotelal Nishad-Appellant in Criminal Appeal No. 19 of 2002, Appellant-Danesh in Criminal Appeal No. 30 of 2002, Appellant-Pankaj Das @ Pinku in Criminal Appeal No. 43 of 2002 and Appellant-Ratan Khattri in Criminal Appeal No. 46 of 2002, have been convicted and sentenced as under:JUDGEMENT_12_LAWS(CHH)7_2017_1.html
(3.)The case of the prosecution is that deceased Devendra Singh Khalsa had enmity with acquitted accused Gurucharan Singh Hora and Pappu @ Harmindar Singh Hora and there had been history of criminal incidents. Acquitted accused Gurucharan Singh Hora and Pappu @ Harmindar Singh Hora had first conspired with Rajju @ Hanif (PW-5), Panchu (PW-6), Rafiz Ahmad (PW-7), Nabbu and Satish for committing murder of deceased Devendra Singh Khalsa by providing them with vehicle, money and weapons, which could be executed by these persons. Later on, acquitted accused Gurucharan Singh Hora and Pappu @ Harmindar Singh Hora conspired with Pankaj Das @ Pinku, Danesh, Ratan Khattri and Chotelal Nishad for committing murder of Devendra Singh Khalsa. For this purpose, weapon and money were made available to these persons and they were also assured of other benefits by them. On the date of incident i.e. 20.11.1997, deceased Devendra Singh Khalsa had been to Shastri Market for buying a pair of shoes with his relative Bittu @ Jagjit Singh (PW-50). Bittu (PW-50) remained sitting in the vehicle while deceased Devendra Singh Khalsa alone went towards the shop of the uncle of Mohd. Asgar (PW-2). Thereafter, both of them went to another shop at Bans Tal and after purchase of the shoes, while both were returning back towards Shastri Chowk, Appellants-Accused Pankaj Das @ Pinku, Danesh, Ratan Khattri and Chotelal Nishad arrived at the place of incident on a motor-cycle Hero Honda, bearing registration No. MP 23-A/6525 and on a Scooter bearing registration No. MP 26-B/2174. On a signal being given by the Appellant-Pankaj Das, the other Appellants-accused Danesh and Chotelal Nishad who were armed with revolver and Appellant-Ratan Khatri, who was armed with a knife, with an intention to commit murder, assaulted deceased Devendra Singh Khalsa. Appellant-Danesh fired a shot after which deceased Devendra Singh Khalsa fell down. Thereafter, all of them fled from the spot. This incident was witnessed by Mohd. Asgar (PW-2), Sewaram (PW-8), Gurunarayan Tiwari (PW-9), Satish (PW-10), Vikas Tiwari (PW-11), Mohd. Ayub (PW-13), Ashraf (PW-14), Nanhu (PW- 21), Bittu @ Jagjit Singh (PW-50) and Vijay Kumar Jolhe (PW-56). Appellant-Danesh and other accused were helped by Ram Maghani and acquitted accused-Sahibo Uriya helped Appellants-Danesh and Ratan Khattri in concealing their clothes and providing fresh clothes. Appellants accused Danesh, Chotelal Nishad, and Ratan Khattri fled from the spot and went to Rajnandgaon where they went in hinding in the farm house of acquitted accused Sujit Thakur.
(2.)Chhotelal Nishad-Appellant in Criminal Appeal No. 19 of 2002, Appellant-Danesh in Criminal Appeal No. 30 of 2002, Appellant-Pankaj Das @ Pinku in Criminal Appeal No. 43 of 2002 and Appellant-Ratan Khattri in Criminal Appeal No. 46 of 2002, have been convicted and sentenced as under:
(3.)The case of the prosecution is that deceased Devendra Singh Khalsa had enmity with acquitted accused Gurucharan Singh Hora and Pappu @ Harmindar Singh Hora and there had been history of criminal incidents. Acquitted accused Gurucharan Singh Hora and Pappu @ Harmindar Singh Hora had first conspired with Rajju @ Hanif (PW-5), Panchu (PW-6), Rafiz Ahmad (PW-7), Nabbu and Satish for committing murder of deceased Devendra Singh Khalsa by providing them with vehicle, money and weapons, which could be executed by these persons. Later on, acquitted accused Gurucharan Singh Hora and Pappu @ Harmindar Singh Hora conspired with Pankaj Das @ Pinku, Danesh, Ratan Khattri and Chotelal Nishad for committing murder of Devendra Singh Khalsa. For this purpose, weapon and money were made available to these persons and they were also assured of other benefits by them. On the date of incident i.e. 20.11.1997, deceased Devendra Singh Khalsa had been to Shastri Market for buying a pair of shoes with his relative Bittu @ Jagjit Singh (PW-50). Bittu (PW-50) remained sitting in the vehicle while deceased Devendra Singh Khalsa alone went towards the shop of the uncle of Mohd. Asgar (PW-2). Thereafter, both of them went to another shop at Bans Tal and after purchase of the shoes, while both were returning back towards Shastri Chowk, Appellants-Accused Pankaj Das @ Pinku, Danesh, Ratan Khattri and Chotelal Nishad arrived at the place of incident on a motor-cycle Hero Honda, bearing registration No. MP 23-A/6525 and on a Scooter bearing registration No. MP 26-B/2174. On a signal being given by the Appellant-Pankaj Das, the other Appellants-accused Danesh and Chotelal Nishad who were armed with revolver and Appellant-Ratan Khatri, who was armed with a knife, with an intention to commit murder, assaulted deceased Devendra Singh Khalsa. Appellant-Danesh fired a shot after which deceased Devendra Singh Khalsa fell down. Thereafter, all of them fled from the spot. This incident was witnessed by Mohd. Asgar (PW-2), Sewaram (PW-8), Gurunarayan Tiwari (PW-9), Satish (PW-10), Vikas Tiwari (PW-11), Mohd. Ayub (PW-13), Ashraf (PW-14), Nanhu (PW- 21), Bittu @ Jagjit Singh (PW-50) and Vijay Kumar Jolhe (PW-56). Appellant-Danesh and other accused were helped by Ram Maghani and acquitted accused-Sahibo Uriya helped Appellants-Danesh and Ratan Khattri in concealing their clothes and providing fresh clothes. Appellants accused Danesh, Chotelal Nishad, and Ratan Khattri fled from the spot and went to Rajnandgaon where they went in hinding in the farm house of acquitted accused Sujit Thakur.
Copyright © Regent Computronics Pvt.Ltd.