2025:CGHC:15194-DB ASHOK NAFR SAHU Digitally signed by ASHOK SAHU HIGH COURT OF CHHATTISGARH AT BILASPUR Date: 2025.04.02 10:23:30 +0530 CRA No. 731 of 2015 {Arising out of judgment dated 29.04.2015 passed in Sessions Trial No.01/2013 by the learned Additional Sessions Judge, Khairagarh, District Rajnandgaon}

Naresh Yadav, S/o. Kishun Yadav, Aged About 22 Years, R/o. Sandogri, Police Station Gatapaar, Civil And Revenue Distt.

Rajnandgaon, Chhattisgarh.

... Appellant versus State Of Chhattisgarh, Through Police Of Police Station Gatapaar, Civil And Revenue Distt. Rajnandgaon, Chhattisgarh.

... Respondent (Cause Title taken from Case Information System)

For Appellant : Ms. Juhi Anguria, Advocate For Respondent : Mr. Afroz Khan, Panel Lawyer (Division Bench)

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (01.04.2025)

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the appellant under Section

374(2) of Cr.P.C. is directed against the impugned judgment dated 29.04.2015, passed by the learned Additional Sessions Judge, Khairagarh, District Rajnandgaon, in Sessions Trial No.01/2013, by which, the sole appellant herein has been convicted for the offence under Section 302 of Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.100/-, in default of payment of fine, 5 days additional rigorous imprisonment.

2. Case of the prosecution, in brief, is that on 23.10.2012 at 2:00 to 3:00 P.M. at village Sondongari, Police Station Gatapaar, District Rajnandgaon, the appellant herein assaulted his father Kishun Yadav (now deceased) aged about 60 years by axe, by which he suffered grievous injuries and died; thereby, the offence has been committed. The matter was reported to the police, pursuant to which, Dehati Merg Intimation was registered vide Ex.P-3, Merg Intimation was registered vide Ex.P-31, FIR was registered vide Ex.P-33, Dehati Nalsi was registered vide Ex.P-32, Inquest was conducted vide Ex.P-5 and dead body of deceased Kishun Yadav was subjected to post-mortem, which was conducted by Dr. Praveen Singh Parihar (PW-21), who proved the post-mortem report vide Ex.P-25, according to which, cause of death was stated to be coma & hemorrhage due to injuries received on brain and neck and death was homicidal in nature. Pursuant to memorandum statement of the appellant (Ex.P-1), axe was seized vide Ex.P-2 and his clothes were seized vide Ex.P-9, which were sent for chemical examination to FSL and as per the FSL report (Ex.P-36), blood was found on the axe and human blood was found on the clothes of appellant. After due investigation, the appellant was charge-sheeted for the aforesaid offence before the jurisdictional criminal court, which was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which, the appellant abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.

3. In order to bring home the offence, prosecution examined as many as 24 witnesses and exhibited 36 documents and the appellant-accused in support of his defence has neither examined any witness nor exhibited any document.

4. The trial Court, after appreciation of oral and documentary evidence on record, convicted the appellant herein for the offence under Section 302 of I.P.C. and sentenced him for life imprisonment against which the present appeal has been preferred.

5. Ms. Juhi Anguria, learned counsel for the appellant, would submit that the eye-witnesses Jageshwari (PW-17) sister-in- law of the appellant and Sunati (PW-18) mother of the appellant both have turned hostile and they have not supported the case of the prosecution and the conviction is solely based on the recovery of weapon i.e. axe pursuant to memorandum statement of the appellant on which blood was found, which could not have been made basis for conviction of the appellant that too for the offence under Section 302 of I.P.C.