SUNITA GOSWAMI Digitally signed by SUNITA 2025:CGHC:18744-DB GOSWAMI Date: 2025.04.25

14:17:29 +0530 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment reserved on 15/04/2025 Judgment pronounced on 25/04/2025 CRA No. 1795 of 2019 Kanshiram Sahu S/o Neelkanth Sahu, Aged About 30 Years, R/o Village Mopar, P.S. Suhela, District- Baloda, Bazar-Bhatapara (CG)

--- Appellant (In jail) versus State Of Chhattisgarh Through P.S. City Kotwali, District- Baloda Bazar-

Bhatapara(CG) --- Respondent CRA No. 1808 of 2019 Smt. Savitri Vaishnav W/o Sanjay Vaishnav, Aged About 28 Years R/o Lohiya Nagar, Baloda Bazar, Police Station - City Kotwali, Baloda Bazar, District -

Baloda Bazar - Bhatapara (CG)

---Appellant (In jail) Versus State Of Chhattisgarh Through - Police Station City Kotwali, District - Baloda Bazar - Bhatapara (CG)

--- Respondent AND CRA No. 76 of 2020 Hetram Sahu S/o Late Pahruram Sahu, Aged About 40 Years, R/o Village Mopar, Police Station Suhela, District Baloda Bazar-Bhatapara (CG)

---Appellant (In jail)

Versus State Of Chhattisgarh Through The Police Station City Kotwali, Baloda Bazar, District Baloda Bazar – Bhatapara (CG)

---- Respondent For Appellants :Shri Rajesh Jain (through Legal Aid), Shri Adil Minhaj and Shri T.K. Jha, Advocate appears along with Shri N.P. Thakur, Advocate, for the respective Appellants For State/Respondent :Ms. Pragya Pandey, Dy. G.A.

Hon'ble Shri Justice Sanjay S. Agrawal &

Hon'ble Shri Justice Radhakishan Agrawal

CAV Judgment

Per Sanjay S. Agrawal, J.

1. Since, all these appeals arise out of the common judgment dated

04.10.2019, passed by the 3^rd Additional Sessions Judge, Balodabazar (CG) in Sessions Trial No.05/2018, they are being disposed of by this common judgment. By the impugned judgment, the appellants have been convicted and sentenced as under :-

2. Briefly stated, the facts of the prosecution case are, that on

19.09.2017, a Ward Boy of the District Hospital, Balodabazar, lodged the Merg intimation (Ex.P-12) before the Police Station- City Kotwali, Balodabazar, intimating that the deceased- Raja @ Sanjay Vaishnav was brought dead by his wife, namely, Smt. Savitri Bai and, during investigation, it was revealed that said Savitri Bai had illicit relations with the appellant- Hetram Sahu, owing to which, he frequently visited her house. It is alleged further that on 18.09.2017, the said appellant along with Pappu @ Kashi Sahu, the another accused, purchased liquor and came to the house of the deceased at Lohia Nagar, Balodabazar. It is alleged further that in the house, the deceased had used filthy words to his wife, which got annoyed to said Hetram Sahu, who then assaulted him (deceased) with the aid of cricket-bat on his head with an intention of causing his murder, while others’, i.e. Pappu @ Kashi Sahu and the wife of the deceased- Savitri Bai have supported his alleged act. On account of the alleged assault, he sustained serious injuries on his head and was admitted into the Hospital, but was declared brought dead.

3. Inquest (Ex.P-2) of the dead body of the deceased was conducted on

19.09.2017 and was sent for autopsy, which was conducted by Dr. Prashant Verma (PW-12), who vide his report (Ex. P-22) opined the cause of death to be hemorrhage and shock, which occurred as a result of head injuries caused by hard and blunt object. The statement of minor daughter of the deceased, namely, Riya was recorded under Section 161 Cr.P.C. on 19.09.2017, while the statement (Ex.P-8) of the minor son- Lucky @ Tushar Vaishnav (PW-4) on 21.09.2017 and that by recording the statements of others’ and based upon the merg enquiry, an FIR