2024:CGHC:33785-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRIMINAL APPEAL NO. 674 OF 2018 Arising out of Judgment dated 16.10.2017 passed by Sessions Judge, Rajnandgaon in Sessions Case No.06/2016  Kartik Banjare, S/o Agrahit Banjare, aged about 32 years, R/o Village Sukul Daihan, Police Station Lalbag, District Rajnandgaon (C.G.)

... Appellant(s)

(In jail) Versus  State of Chhattisgarh, through: Station House Officer, Police Station Lalbag, District Rajnandgaon (C.G.)

... Respondent(s)

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For Appellant :- Mr. Rajeev Shrivastava, Senior Advocate with Mr. Saurabh Sahu and Ms. Anu Mishra, Advocates.

For Respondent/State :- Mr. Ashish Shukla, Addl. Advocate General with Mr. Afroz Khan, Panel Lawyer.

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Division Bench Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Amitendra Kishore Prasad Judgment on Board [03.09.2024]

Sanjay K. Agrawal, J.

1. Invoking criminal appellate jurisdiction of this Court, the present criminal appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (CrPC, in brief) has been filed by the appellant calling in question the legality, validity and correctness of the judgment dated 16.10.2017 passed by learned Sessions Judge, Rajnandgaon in Sessions Case No.06 of 2016, by which he has been convicted for offence under Sections 302 (two times) and 307 of the Indian Penal Code, 1860 (IPC, in brief) and sentenced thereunder as mentioned in the chart given below:-

2. A brief factual background of the prosecution case is that on 06.09.2015 around 5:30 a.m., the appellant with intention and knowledge committed attempt to murder of his wife Saraswati Chandravanshi (Banjare) causing hurt to her with axe (tangia) and also with an intention to cause death of his children i.e. son and daughter namely Tikam, aged 11 years, and Tikeshwari, aged 09 years, committed their murder with the said axe, thereby committed offences under Sections 307 and 302 (two times) of IPC.

3. The injured witness, PW-5 Saraswati, wife of the appellant, was taken to District Hospital, Rajnadgaon where PW-16 Dr. Sanjay Meshram conducted her MLC (Ex. P-14A) and looking to fatal injuries sustained by her on her head, eyes, neck & ear opined her to be referred to a higher centre. Thereafter, she was treated for her injuries at different hospitals as per Ex. 37 & 38. The injured witness PW-5 Saraswati has been projected by the prosecution and accepted by the Trial Court as the eye-witness of the incident, according to her, the appellant was suspecting on her character and consequently on the date and time of the incident, the appellant, with an intention and knowledge to kill her and their children, assaulted them brutally with axe thereby caused fatal injuries to her and murder of their son and daughter, i.e., deceased Tikam and Tikeshwari.

4. PW-2 Suhaga Bai, sister-in-law (bhabhi) of the appellant, lodged Dehati Merg (Ex. P-7 & P-9) in respect of death of deceased Tikam and Tikeshwari on the basis of which Dehati Nalishi (Ex. P-10) was recorded at Police Station Lalbag and investigation was started by the Investigating Officer, PW-17 Yaqub Memon. Subsequently, numbered Merg Intimations (Ex. P-17 & P-18) were registered followed with FIR (Ex. P-15) against the appellant for offence under Sections 302 & 307 of IPC. After summoning the witnesses as required under Section 175 of CrPC, Inquest Panchnamas (Ex. P-6 & P-7) were prepared and the dead-body of deceased Tikam and Tikeshwari was subjected to post-mortem which was conducted by PW-13 Dr. S.N. Hussaini who in the post