VIRENDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants have filed these appeals under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.) questioning the impugned judgment dtd. 15/11/2022 passed in Special Sessions Trial No. 36 of 2018 by which the learned First Additional Sessions Judge (F.T.C.) Balodabazar, District- Balodabazar-Bhatapara (C.G.), whereby the appellants have been convicted and sentenced as under:- <FRM>JUDGEMENT_31_LAWS(CHH)3_2024_1.html</FRM>

(2.) There were total 16 accused in this case, however, two of the accused namely Chandan Jangde and Ram Say Ajgalley expired during the trial itself and one accused was a juvenile, and as such, 13 accused were convicted and sentenced by the learned trial Court.

(3.) Case of the prosecution, in short, is that on 17/12/2017 at about 6 p.m., the complainant Priyanka Tandon (PW-6), her mother Neerabai Tandon (hereinafter referred to as 'the deceased'), father Yadram Tandon (PW-11), brother Gopichand (PW-8) and Satish were present in their house, at that time accused-Nikki Ajgalle and Chandan Ajgalle came to their house and called Gopichand for accompanying them in Gambling. When Gopichand denied to go alongwith them, the accused Nikki and Chandan started abusing him and threatened to kill him. Thereafter, they went away from the spot Later, the accused Nikki Ajgalley, Nilesh Ajgalley, Shyamnarayan Ajgalley, Ramsay Ajgalle, Sukhsagar Ajgalle, Bhagirathi Kurre, Dhannu Kurrey, Rujhu Kurrey, Radheshyam, Manglawat Bai, Gorelal Jangde, Vikky Jangde, Dhaniram Jangde, Chandan Jangde, came armed with Lathi, Danda, Axe, Battle Axe, Farsi, Gupti and because of some previous animosity, they started abusing the complainant party with filthy language and entered their house, assaulted the deceased and caused her death. Thereafter, the dead body was taken to the place where the paddy was kept and there, they set the body on fire by putting hay (Paira) on it with an intention to cause disappearance of evidence. The further case of the prosecution is that the accused had assaulted Yadram Tandon (PW-11) husband of the deceased, Kamlesh (PW-7) and Gopichand (PW-8) who are the sons of the deceased and caused several injuries to them.