2024:CGHC:31257-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRIMINAL APPEAL NO. 653 OF 2018 (Arising out of judgment dated 20.03.2018 passed in Sessions Trial No.0000137/2015 by 7^th Additional Sessions Judge, Durg, CG)

Mukesh Das Manikpuri S/o Late Milan Das Manikpuri, Aged About 22 Years, R/o Village Khamhariyabhata, Chowki Jevra Sirsa, Thana Pulgaon, District Durg Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Thana Incharge, Police Station, Pulgaon, District Durg Chhattisgarh ... Respondent For Appellant : Mr. Abhishek Banjare and Mr. Veer Verma, Advocates For : Mr. Ashish Shukla, Addl. Advocate General, Mr. Sharad Mishra and Mr.

Respondent/State Soumya Rai, Panel Lawyer

Sanjay K. Agrawal, J.

1. This criminal appeal has been preferred by the appellant under Section 374(2) of Cr.P.C. calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dated 20.03.2018, passed by 7^th Additional Sessions Judge, Durg, District Durg, Chhattisgarh, in Sessions Trial No.0000137/2015, whereby the appellant has been convicted for offence punishable under Section 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.200/- and, in default of payment of fine, to undergo additional rigorous imprisonment for 2 months.

2. The case of prosecution, in short, is that on 28.07.2015, at about 9 a.m., in village Khamhariya Bhata, Chowki Jevra Sirsa, Police Station Pulgaon, District Durg (CG), the appellant herein assaulted Dharmendra Hirwani/Sahu (now deceased) by knife, as a result of which, he suffered grievous injuries and died, thereby committed the offence of murder punishable under Section 302 of IPC. It is the further case of prosecution that the father of deceased Hansraj Sahu (PW-1) reported the matter to Police Chowki, Jevra Sirsa, pursuant to which, Dehati Nalishi (Ex.P-1) was lodged in which Hansraj Sahu (PW-1) informed that the appellant assaulted his son Dharmendra (deceased) by knife due to which he suffered grievous injuries and died and the incident was witnessed by his younger son Yuvraj (PW-13) and other people. Based on Dehati Nalsi (Ex.P-1), FIR (Ex.P-17) was registered. Crime Details Form (Ex.P-2) was prepared by Investigating Officer P. K. Sahu (PW-18) at the the instruction of Hansraj Sahu (PW-1) on 28.07.2015 at 3 p.m.. However, Nazari Naksha (Ex.P-3) was prepared with delay of about one month on

22.08.2015 by Patwari Rekha Shukla (PW-6). The palm print found on the wall of the spot was taken vide Ex.P-21 & P-22 and marked as A and the palm print of appellant was taken vide Ex.P-5 and marked as S-1A. The aforesaid samples of palm/finger prints were sent for matching/examination to a Finger Print Expert at Police Head Quarter, Finger Print Branch, Raipur which was conducted by S. K. Jain (PW-14) and in his report Ex.P- 20 it has been opined that the finger print found on the wall (marked as A) matched with the finger print marked as S-1A which belongs to the appellant. Both the palm/finger prints i.e. A & S-1A are of the same person i.e. appellant. Inquest proceedings were conducted vide Ex.P- 16 and the dead body of the deceased was sent for postmortem examination which was conducted by Dr. Sanjeev Kumar Shukla (PW-8) vide Ex. P/10 in which the cause of death is opined to be shock and haemorrhage due to anti-mortem injuries to lung and the nature of death was homicidal. Memorandum statement of the appellant was recorded vide Ex.P/5, pursuant to which, knife was seized vide Ex.P/9 which was sent for chemical examination to FSL along with the clothes of appellant. As per FSL report Ex.P-31, human blood was found on the full pant of appellant and blood was found on the knife.

3. After completion of investigation, the appellant was charge - sheete