AJEET SINGH KANWAR Vs. STATE OF C.G.

JUDGEMENT

(1.) Invoking criminal appellate jurisdiction of this Court, the present two criminal appeals, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'CrPC') has been filed by three appellants herein i.e. A-1 Manoj Soni and A-2 Monu @ Gajpati Soni, who have filed Criminal Appeal No.372 of 2018, and A-3 Ajeet Singh Kanwar, who has filed Criminal Appeal No.366 of 2018, calling in question the legality, validity and correctness of the Judgment dtd. 22/2/2018 passed by learned Special Judge under Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, District Korba (Trial Court) in Special Criminal Case No.03 of 2017.

(2.) By the impugned Judgment dtd. 22/2/2018, each of the three appellants herein (A-1, A-2 & A-3) has been convicted for offences under Ss. 147, 148 and 302/149 of the Indian Penal Code, 1860 (for short, 'IPC') and sentenced to undergo Rigorous Imprisonment for 06 months and to pay Fine of Rs.100.00 and in default of payment of fine to suffer additional Rigorous Imprisonment for 15 days for offence under Sec. 147 of IPC, to undergo Rigorous Imprisonment for 01 year and to pay Fine of Rs.200.00 and in default of payment of fine to suffer additional Rigorous Imprisonment for 01 month for offence under Sec. 148 of IPC and further to undergo Life Imprisonment and to pay Fine of Rs.5000.00 and in default of payment of fine to suffer additional Rigorous Imprisonment for 06 months for offence under Sec. 302/149 of IPC, with a direction to run all the substantive sentences concurrently, while acquitting the co-accused person i.e. A-4 Naveen Kashyap of all the aforesaid offences.

(3.) Case of the prosecution, in a nutshell, is that on 25/11/2016 around 8:00 p.m., at Shantinagar, Balgi under Police Station Bankimongra, the three appellants herein i.e. A-1 Manoj, A-2 Monu and A-3 Ajeet along with other co-accused persons i.e. A-4 Naveen Kashyap (who stands acquitted by the Trial Court) and one juvenile in conflict with law, constituted an unlawful assembly and in furtherance of their common object caused riot and death of Banmali @ Banwari (deceased) assaulting him with knife, bricks and stones, knowing that the deceased Banmali was a member of a Scheduled Tribe.