Keval Singh Rathiya @ Keval Rathiya v. State of Chhattisgarh
Case brief
What is this about?
Murder conviction partly upheld, co-accused acquitted – unlawful assembly – common object – mere presence/bystander not liable under Ss.147, 148, 149 IPC – absence of accused's names in FIR weakens prosecution case – inclusion during investigation an afterthought – eyewitness accounts of sickle and knife attack on the neck – homicidal death per post-mortem (Dr. Shishir Rathore PW-17, report Ex.P-24) – motive and opportunity – complicity proved beyond reasonable doubt – Section 302/149, 147, 148, 341 IPC – appeal under Section 415 BNSS – release on personal bond Rs.25,000 under Section 481 BNSS – Chhattisgarh High Court, Bilaspur – CRA No. 319 of 2025 – Keval Singh Rathiya, Kaleshwar Prasad Rathiya.
What did the court decide?
Appeal partly allowed: conviction and sentence of appellants No.1 (Keval Singh Rathiya) and No.2 (Kaleshwar Prasad Rathiya) upheld and affirmed; they shall continue in custody to serve out the sentence. Appellants No.3 to 8 acquitted of all charges and ordered released forthwith (if not required in any other case) on a personal bond of Rs.25,000/- with one surety in the like sum; the bail bond to remain operative for six months under Section 481 BNSS. Registry directed to send a copy of the judgment to the concerned Superintendent of Jail, informing appellants No.1 and 2 of their liberty to appeal to the Supreme Court with assistance of the High Court/Supreme Court Legal Services Committee; copy of judgment and original record to be transmitted to the trial Court.