Chattisgarh High Court
Abdul Jabbar Alias Vikki vs State Of Chhattisgarh on 8 April, 2025
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRREF No. 1 of 2025
In Referance of State off Chhattisgarh Through- Police Station-
Lemru, District Korba, Chhattisgarh.
--- Appellant
versus
1 - Santram Manjhwar S/o Dheersay Manjhwar Aged About 45 Years
R/o Satrenga, Police Station- Lemru, District Korba, Chhattisgarh.
2 - Anil Kumar Sarthi S/o Bharat Lal Sarthi Aged About 20 Years R/o
Satrenga, Police Station- Lemru, District Korba, Chhattisgarh.
3 - Pardeshi Das S/o Budhwar Das Aged About 35 Years R/o
Satrenga, Police Station- Lemru, District Korba, Chhattisgarh.
4 - Anand Das S/o Horidas Panika Aged About 26 Years R/o
Satrenga, Police Station- Lemru, District Korba, Chhattisgarh.
5 - Abdul Jabbar Urf Vikki S/o Mo. Ikbaal Memon Aged About 21
Years R/o Satrenga, Police Station- Lemru, District Korba,
Chhattisgarh.
--- Respondents
Digitally
signed by
ASHUTOSH
ASHUTOSH MISHRA
MISHRA Date:
2025.04.13
13:40:33
+0530
2/9CRA No. 357 of 2025
1 – Abdul Jabbar Alias Vikki S/o Mohd. Iqbal Memon Aged About 24
Years R/o Satrenga, Police Station Lemru, District Korba,
Chhattisgarh
—Appellant
Versus
State of Chhattisgarh Through The Police Station Lemru, District
Korba Chhattisgarh
— Respondent
CRA No. 574 of 2025
1 – Santram Manjhwar S/o Dhirsai Manjhwar Aged About 45 Years
R/o Satrenga, P.S. Lemru, District Korba (C.G.)2 – Anil Kumar Sarthi S/o Bharat Lal Sarthi Aged About 20 Years R/o
Satrenga, P.S. Lemru, District Korba (C.G.)3 – Umashankar S/o Fekuram Yadav Aged About 22 Years R/o
Satrenga, P.S. Lemru, District Korba (C.G.)4 – Pardeshi Das S/o Budhwar Das Aged About 35 Years R/o
Satrenga, P.S. Lemru, District Korba (C.G.)5 – Anand Das S/o Horidas Panika Aged About 26 Years R/o
Satrenga, P.S. Lemru, District Korba (C.G.)
—Appellants
Versus
3/9State of Chhattisgarh Through Police Station Lemru, Korba (C.G.)
— Respondent
Order Sheet
08/04/2025 Proceedings of this matter have been taken
through video conferencing.
Heard Ms. Sharmila Singhai, learned Senior
counsel along with Mr. Chetan Singh Chouhan & Mr.
Dhiraj Kumar Wankhede, Advocates for the respective
appellants in CRA No.357 of 2025 & CRA No.574 of
2025 and also heard Mr. Shashank Thakur, learned
Government Advocate appearing on behalf of the State.
CRA No.357 of 2025 has already been admitted.
CRREF No.1/2025 & CRA No.574 of 2025 are
admitted for hearing.
Also heard on I.A. Nos.1/2025, which are the
applications for suspension of sentence and grant of
bail in CRA No.357 & 574 of 2025.
Appellants Santram Manjhwar, Abdul Jabbar
alias Vikki, Anil Sarthi, Anand Das & Pardeshi by the
impugned judgment dated 15.01.2025 passed by
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learned Additional Sessions Judge, F.T.S.C. (POCSO),
Korba, District Korba, C.G. in Special Case POCSO
No. 28/2021 have been convicted and sentenced as
under:
Conviction Sentence Under Section 302/149 Death Sentence (Three Times) IPC for the murder of A, B and C Under Section 120 B IPC Life Imprisonment and fine of Rs.3000/- in default of payment of fine to further undergo RI for three months Under Section 148 IPC R.I. for Three Years and Fine of Rs.1000/- in default of payment of fine to further undergo RI for One month. Under Section 376 Death Sentence (DA)/149 IPC and Section 6 of the Protection of Children from Sexual Offences Act,2012
Under Section 376 (A)/149 Death Sentence
IPC and Section 6 of the
Protection of Children from
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Sexual Offences Act,2012
Under Section 3 (2) (v) of Life Imprisonment and fine
the Scheduled Castes and of Rs.5000/- in default of
Scheduled Tribes payment of fine to further
(Prevention of Atrocities) undergo RI for six months
Act, 1989
Under Section 3 (1) (Ba) R.I. for 05 Years and fine
of the Scheduled Castes of Rs.5000/- in default of
and Scheduled Tribes payment of fine to further
(Prevention of Atrocities) undergo RI for Six months
Act, 1989
All the sentences shall run
concurrently
Appellant Umashankar has been convicted and
sentenced as under:
Conviction Sentence Under Section 302/149 Life Imprisonment and fine (Thrice) of IPC of Rs.2000/- in default of payment of fine to further undergo RI for three months Under Section 120 B IPC Life Imprisonment and fine of Rs.3000/- in default of payment of fine to further undergo RI for three months 6/9 Under Section 148 IPC R.I. for Three Years and Fine of Rs.1000/- in default of payment of fine to further undergo RI for One month. Under Section 376 And alternative (DA)/149 IPC and Section punishment of Life 6 of the Protection of Imprisonment (which Children from Sexual means imprisonment for Offences Act,2012 the remainder of his natural life) has been provided under Section 6 of POCSO Act which is greater than punishment provided in Section 370 6D of Indian Penal Code and Rs.3000/- in default of payment of fine additional R.I. for 03 months
Under Section 376 (A)/149 Since the punishment in
IPC and Section 6 of the both the sections the same
Protection of Children from person is punished with
Sexual Offences Act,2012 Life Imprisonment (which
means imprisonment for
the remainder of his
natural life) under Section
6 of the Special Act and
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Rs.3000/- in default of
payment of fine additional
R.I. for 03 months.
Under Section 3 (2) (v) of Life Imprisonment and fine
the Scheduled Castes and of Rs.5000/- in default of
Scheduled Tribes payment of fine to further
(Prevention of Atrocities) undergo RI for six months
Act, 1989
Under Section 3 (1) (W) of R.I. for 05 Years and fine
the Scheduled Castes and of Rs.3000/- in default of
Scheduled Tribes payment of fine to further
(Prevention of Atrocities) undergo RI for 03 months
Act, 1989
All the sentences shall run
concurrently
Learned counsel for the appellants would submit
that the appellants have been implicated only on the
basis of conjecture and surmises and the appellants
are in jail since 03/02/2021 and the hearing of the
appeal will take some more time, therefore, the jail
sentence of the appellants may be suspended and they
may be released on bail.
On the other hand, learned State counsel would
submit that the appellants are not entitled for
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suspension of sentence and gran of bail.
We have heard learned counsel for the parties
and perused the documents and record.
Considering the materials available on record
and particularly considering the fact that PW-2, who is
the wife of the deceased A has stated that the
deceased A, B and C were going on the motorcycle of
the accused Santram and she was along with the
accused Umashankar on his motorcycle and the
accused Umashankar dropped her to Garauparoda
thereafter, she went to her village in the bus and the
deceased persons did not return home till night
thereafter, the missing report was lodged and no
explanation appears to have been given by the
appellants with regard to the same and the allegations
against the appellants is for commission of heinous
crime of murder of three persons including a child aged
about 04 years and committed rape with the minor who
was aged about 16 years thereafter killed her.
Therefore, looking to the nature of offence and the way
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in which the offences have been committed, we are not
inclined to suspend the sentence and release the
appellants on bail.
Accordingly, the I.A. Nos.1/2025 in CRA Nos.357
& 574 of 2025 stand rejected.
List these cases for final hearing on 06th of May,
2025.
SD/- SD/-
(Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice
ashu