Digitally signed 2024:CGHC:32171-DB by SISTA SISTA SOMAYAJULU SOMAYAJULU NAFR Date: 2024.08.27 14:20:18 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 965 of 2018 (Arising out of judgment dated 16-5-2018 passed by the Additional Sessions Judge, Dhamtari, in Sessions Trial No.28/2017)

Tejprakash Sen, S/o Late Bhuvan Lal Sen, Aged about 33 years, R/o Near Sai Baba Mandir, Post Office Ward Dhamtari, Police Station City Kotwali, Dhamtari, District Dhamtari, Chhattisgarh.

(In Jail)

... Appellant Versus State of Chhattisgarh, through the District Magistrate, Dhamtari, District Dhamtari, Chhattisgarh.

... Respondent For Appellant : Mr. Rajkumar Pali, Advocate.

For Respondent/State : Mr. Ashish Shukla, Additional Advocate General and Mr. Amit Buxy, Panel Lawyer.

Division Bench: -

Hon’ble Shri Sanjay K. Agrawal and Hon’ble Shri Sanjay Kumar Jaiswal, JJ.

Judgment on Board (23/08/2024)

Sanjay K. Agrawal, J.

1. Invoking the criminal appellate jurisdiction of this Court under Section

374(2) of the CrPC, the appellant herein has called in question legality, validity and correctness of the judgment dated 16-5-2018 passed by the Additional Sessions Judge, Dhamtari in Sessions Trial No.28/2017, by which the sole appellant herein has been convicted under Sections 302, 364 & 201 of the IPC and sentenced to undergo imprisonment for life &

₹ ₹

pay fine of 1,000/-, rigorous imprisonment for three years & fine of ₹

100/- and rigorous imprisonment for two years & fine of 100/-, ₹

respectively, in default of payment of above fine ( 1,200/-), to further undergo total additional rigorous imprisonment for one year. All the sentences were directed to run concurrently.

2. Case of the prosecution, in a nutshell, is that on 18-1-2017 in between

10.30 a.m. and 8.00 p.m., from near Post Office Ward Maradev Mandir, Police Station City Kotwali, District Dhamtari, the appellant kidnapped Nagma Parveen (now deceased) and took her to the dense forest of Siyadehi Forest Dhamtari, Police Station Gurud, District Balod and strangulated her with the help of a screw driver and burnt the dead body and thrown it on the deep water in Mahanadi river and thereby committed the offence. Smt. Vahida Rahman Khan (PW-1) – mother of the deceased, lodged missing report to the police vide Ex.P-51C roznamcha sanha and thereafter, morgue intimation was registered vide Ex.P-48 pursuant to which FIR was registered vide Ex.P-49. Bones were recovered which were subjected to postmortem vide Ex.P-57 by Dr. Ulhas Gonnade (PW-28) & Dr. R. Suryavanshi (PW-40). As per the postmortem report Ex.P-57, bones were burnt; they were human bones; no definite opinion can be given regarding sex, age, manner, duration, mode of death; and bones were also not fit for DNA profiling. Memorandum statement of the appellant was recorded vide Ex.P-17 pursuant to which, bloodstained cotton, plain cotton, passport size photo of the deceased & plastic rope were seized from the spot vide Ex.P-14; ashes, remains, broken pieces of bones, burnt pieces of bones, soil & plastic rope were recovered from the spot vide Ex.P-15; and jeans, T- shirt, shirt, motorcycle, screw driver, mobile phones of Max make & Lava make were seized vide Ex.P-16 from the appellant in presence of witnesses Nadeem Firoz Rizvi (PW-5) & Ramnivas Yadav (PW-7). Seized articles were sent for chemical examination to the FSL, Raipur from where report Exs.P-72 & P-73 were received according to which blood was found on the stained cotton. Statements of witnesses were recorded under Section 161 of the CrPC.

3. The investigating officer after completion of investigation, charge-

sheeted the appellant herein before the jurisdictional criminal court who committed the case to the Court of Sessions from where the learned Additional Sessions Judge received the case on transfer for trial.

4. The prosecution, in order to bring home the offence, has examined as many as 42 witnesses and exhibited 93 documents Exs.P-1 to P-93 and Articles A to D – photographs were brought on reco