NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1425 of 2023 • Hemlal Chand S/o Beniram Chand, Aged About 29 Years R/o Village Gopalpuri, Police Station Arjuni, Distt. Dhamtari (C.G.).

---- Appellant Versus • State Of Chhattisgarh Through Station In Charge, Police Station Arjuni, Distt- Dhamtari (C.G.).

---- Respondent For Appellant : Mr. Hemant Kumar Agrawal, Advcoate For Respondent/State : Mr. Shailendra Sharma, PL For Respondent/Objector : Mr. H.A.P.S. Bhatia, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma, Judge Judgment on Board Per Arvind Kumar Verma, J.

22/02/2024 This criminal appeal preferred under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 24.05.2022 passed by the learned Sessions Judge, Dhamtari, District Dhamtari in Sessions Case No. 55/2022 by which the appellant has been convicted for offence under Sections 302 of the IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of RS. 1,000/- in default of payment of fine to further undergo simple imprisonment for three months.

2. Facts of the case in brief is that a written report has been lodged by the complainant on 17.02.2020 at police station Arjuni alleging that when he came from Dhamtari after purchasing household articles, his mother Shanti Bai informed that his wife Khemin Bai had gone towards the field at Dharsa Road. He went to the said place, it was locked from inside and when he called her, he did not get any response and then he went to the back side and found one bicycle lying over there and the door was closed, on pushing the door, it got opened and the bangles were lying broken inside the room, deceased was lying in a pool of blood and was dead, there were grievous injuries on her head and the weapon of offence-Basula (carpenter tool-hammer) stained with blood was kept on the table. On the basis of the said report, Crime No. 92/2020 was registered under Section 302 IPC and FIR was registered vide Ex.P-5. Inquest over the dead body of deceased was prepared vide Ex.P-22. During investigation, spot map was prepared vide Ex.P-6, after summoning the witnesses, memorandum statement of the appellant was recorded vide Ex.P-15 and at his instance the jeans and shirt were seized vide Ex.P-16. Arrest memo was prepared and appellant was arrested vide Ex.P-18.

3. The weapon of offence-Basula stained with blood, plain and blood stained cotton vide Ex.P-12 was seized. 5 grams of chilli powder and broken bangles were seized vide Ex.P-13 and one ladies cycle was seized vide Ex.P-14. The seized articles were sent to FSL Raipur and the FSL report is Ex.P-39. After completion of investigation, charge sheet was filed against the accused/appellant under Sections 302 of IPC before the court of Judicial Magistrate First Class, Dhamtari who in turn committed the case to the Court of District and Sessions Judge, Dhamtari for trial.

4. In order to establish the charge against the appellant, prosecution has examined 17 witnesses. Statement of the appellant under Section 313 Cr.P.c. was recorded in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.

5. The trial Court upon appreciation of oral and documentary evidence available on record, by its judgment dated 24.05.2022 convicted and sentenced the appellant as aforementioned against which, this Criminal Appeal has been preferred.

6. Learned counsel for the appellant has argued that in the instant case, there is no direct evidence against the appellant and the case of the prosecution rests on the circumstantial evidence. He also submits that the FIR has been lodged against unknown person. He submits that the dead body was not recovered at the instance of the appellant. He next submits that the weapon of offence-Basula and the broken bangles seized from the spot does not belong to the appellant. He submits that the appellant has been convicted on the basis