2025:CGHC:15097-DB Digitally signed SAIFAN by SAIFAN AFR KHAN KHAN Date:

2025.04.02 HIGH COURT OF CHHATTISGARH AT BILASPUR

10:44:44 +0530 Criminal Appeal No. 1245 of 2015 (Arising out of judgment dated 21.09.2015, passed in Sessions Case No.13 of 2015 (State of Chhattisgarh v. Ratan Sahu and another) by the Additional Sessions Judge, Pratappur, District Surajpur (CG)]

1 - Ratan Sahu, S/o Shri Ramkewal Sahu, aged about 38 years, R/o No. 11 Dandkarwan, Police Station- Chandaura, Civil And Revenue District- Surajpur, Chhattisgarh, Chhattisgarh

2 - Sethu Sahu S/o Shri Ramkewal Sahu, Aged About 32 Years R/o No. 11 Dandkarwan, Police Station- Chandaura, Civil And Revenue District- Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh ... Appellants (On Bail)

Versus State Of Chhattisgarh Through The Station House Officer, Police Station- Chandaura, Surajpur, Chhattisgarh, Chhattisgarh ... Respondent [Cause-title taken from Case Information System (CIS)]

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For Appellant : Mr. Neeraj Mehta, Advocate For Respondent : Mr. Arvind Dubey, Govt. Advocate --------------------------------------------------------------------------------------------

Division Bench Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (28.03.2025)

Sanjay K. Agrawal, J (1) This criminal appeal preferred by two appellants/accused under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 21.09.2015, passed in Sessions Case No.13 of 2015 (State of Chhattisgarh v. Ratan Sahu and another) by the Additional Sessions Judge, Pratappur, District Surajpur (CG), whereby they have been convicted and sentenced as under:

[Both the sentences are directed to run concurrently]

(2) The case of the prosecution, in a nutshell, is that in the intervening night of 21/22.02.2015, between 07:00 PM to 11 AM, at 11, Dandkarwan, which comes within the ambit of Police Station Chandaura, District Surajpur (CG), the two appellants herein, firstly shared common intention of killing their brother, namely, Krishna Prasad (herein after referred to as the “deceased”) and, in furtherance thereof, strangulated his neck by means of scarf and, further, in order to screen themselves from the legal punishment, threw the dead-body of the deceased in the pit behind their house and, thereby, said to have committed the aforesaid offences.

(3) It is further case of the prosecution that initially the accused-

appellant No.02 reported the matter to the police to the effect that on 21.02.2015 at about 09:00 AM his elder brother (deceased) had gone to the market but did not return back, on the basis of which, missing person report was registered and wheels of investigation started running. However, during the course of investigation, the dead-body of the deceased was found in a pit behind his house and, thereafter, it was revealed that the accused-appellants have committed murder of the deceased and threw the dead-body in the pit behind their house. On the basis of which, merg intimation (Ex.P/26) and FIR (Ex.P/20 was registered against the appellants. Spot map and panchnama were also prepared vide Ex.P/14 & Ex.P/05 respectively. Summons under Section 175 of CrPC were sent vide Ex.P/06 and inquest proceedings were also conducted vide Ex.P/07. The dead-body of the deceased was sent for postmortem examination and in the postmortem report (Ex.P/04), conducted by Dr. A.K. Vishwakarma (PW-07) and Dr. Rajesh Shresth (PW-08), it has been opined that th