2003 Jaggi Murder Case | 'Organised Crime' : Chhattisgarh HC Upholds Life Sentence For 18 Men, Conviction Of 9 Others Also Confirmed

The Chhattisgarh High Court has affirmed the life sentence of the 18 convicts in connection with the murder case of NCP leader Ram Avatar Jaggi, a case that stirred political turmoil just prior to the 2003 assembly elections in the state. The court has also affirmed the conviction of 9 other convicts linked with the case.

Terming it as "an organised crime committed in a deep rooted criminal conspiracy for murder", the Court concluded that though the case rests on circumstantial evidence, but the chain of link is complete as the motive has been proved, conspiracy hatched has been proved.

"...the criminals hired, money and weapons arranged for execution of the plan, the vehicles used, and the participation of the police authorities in the crime, all go to suggest that it was the appellants/accused who have committed the offence in question and the involvement of the accused/appellant cannot be ruled out," the Court observed.

A division bench of Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma categorically noted that the crime was an "off shoot of political rivalry" between the two highly ambitious political leaders of the Congress party out of which one had formed a new party i.e. NCP in the State of Chhattisgarh.

"The attempt of the then sitting Chief Minister (Ajit Jogi) was to restrain the NCP from coming into power. Though the then Chief Minister was not made an accused in this case, the learned trial Court has opined that the convicted accused/appellants in order to show devotion towards their master i.e. the then sitting Chief Minister, had conspired and committed the crime in question without the information of the Chief Minister...The deceased being the Treasurer of the NCP was picked up to be eliminated as even after threats being given, he did not stop his political campaign," the Court noted.

The Court observed that in the case, criminals were hired for execution of the plan and fake/bogus accused were also prepared who could take the accusation on themselves so that the real culprits could be saved, who were involved in the entire conspiracy.

The Court emphasized that an organised crime committed in a deep rooted criminal conspiracy for murder should not go unpunished because of some flaw in the investigation. The Court added that in such cases, the accused can be held guilty on the basis of the circumstantial evidence and the conduct of the accused before and after committing the crime.

The Court noted that in this case, a conspiracy was hatched at a very high level involving political persons, Police Officers, hired professional criminals, even fake/ bogus persons who were ready to take the blame to save their masters and the conspirators had taken all precautionary measures so as to not leave any evidence which may lead to their conviction. 

The Court also observed that in the commission of the crime, the police authorities themselves wew found to be involved and the three police personnel had actively participated in the incident and played a vital role in misleading / concealing the main culprits involved in the present incident at the instance of the then ruling party.

Impirtantly, the Court also observed that though the investigation of the present case was taken over by the CBI, but the CBI was under "some influence of the Central Government", as the ruling party in the Centre was different from the ruling party in the State, and the then ex-Chief Minister (Ajit Jogi) belonged to the ruling party in the Centre.

"The prosecution case was weakened by the manner in which the investigation was carried out and influenced by the persons who were in the helm of affairs of the State at the time of the incident," the Court observed in its 111-page judgmebt.

However, it further concluded that the evidence collected and produced before the trial Court by the CBI and the statement of the prosecution witnesses were sufficient to hold the accused/appellants guilty of the offences for which they have been charged.

Background of the case

During the tenure of Chhattisgarh's first Chief Minister, Ajit Jogi, Nationalist Congress Party (NCP) leader Ram Avatar Jaggi was shot dead in Raipur, the capital of Chhattisgarh, on June 4, 2003. This murder, which occurred during the state's assembly elections, caused widespread upheaval throughout the region.

The investigation into the high-profile murder case was handed over to the Central Bureau of Investigation (CBI). A total of 31 suspects were implicated in the case, including two key witnesses, Balu Pathak and Surendra Singh. Except for then ex-CM Ajit Jogi's son, Amit Jogi, 27 others were convicted in this case. All the accused had challenged the lower court's verdict in the High Court.

Case title - V.K.Pandey vs. State through Central Bureau of Investigation along with connected matters

Case Citation: 2024 LiveLaw (Chh) 9

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