2024:CGHC:33787-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR {Arising out of judgment dated 30.09.2019 passed in Sessions Trial No.47/2016 by the learned Sessions Judge, Mahasamund}

CRA No. 1509 of 2019 Sumit Singh Thakur, S/o. Nand Kishor Thakur, Aged About 28 Years, R/o. Ganjpara, Police Station & District- Mahasamund, Chhattisgarh. ---- Appellant versus State Of Chhattisgarh, Through Station House Officer, Police Station- Mahasamund, District- Mahasamund, Chhattisgarh.

---- Respondent For Appellant : Mr. Manoj Paranjpe, Advocate For Respondent : Mr. Ashish Shukla, Addl. A.G.

CRA No. 1786 of 2019 Ashok Singh Thakur, S/o. Late Phool Singh Thakur, Aged About 40 Years, R/o. Kumharpara, Police Station-

Mahasamund, District Mahasamund, Chhattisgarh.

----Appellant Versus Digitally signed by ASHOK ASHOK SAHU SAHU Date:

2024.09.05 +0530 State Of Chhattisgarh, Through Station House Officer, Police Station Mahasamund, District Mahasamund Chhattisgarh.

---- Respondent For Appellant : Ms. Sareena Khan, Advocate For Respondent : Mr. Ashish Shukla, Addl. A.G.

(Division Bench)

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Amitendra Kishore Prasad (03.09.2024)

Sanjay K. Agrawal, J.

1. Since common question of law and facts are involved in both the appeals and have been arisen from Sessions Trial No.47/2016, they have been clubbed together, heard together and are being decided by this common judgment.

2. The appellant Sumit Singh Thakur (A-1) has preferred Criminal Appeal No.1509 of 2019 and appellant Ashok Singh Thakur (A-2) has preferred Criminal Appeal No.1786 of 2019 calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dated 30.09.2019 passed by the learned Sessions Judge, Mahasamund in Sessions Trial No.47/2016, by which, they have been convicted and sentenced as under with a direction to run both the sentences concurrently :-

3. Case of the prosecution, in brief, is that on 29.05.2016 in the night, the two appellants in furtherance of their common intention assaulted Sanni Makkad (now deceased) by wooden stick, by which, he suffered grievous injuries and died and in order to screen themselves from the offence, they poured petrol over the body of the deceased and burnt the dead body and thereby, committed the offence. Narayan Lal Dev (PW-14) reported the matter to the police, pursuant to which, Merg Intimation was registered vide Ex.P-29, FIR was registered vide Ex.P-50 against unknown person, Inquest was conducted vide Ex.P-9, Identification Panchnama was prepared vide Ex.P-2 and dead body of deceased Sanni Makkad was subjected to post-mortem, which was conducted by Dr. Arvind Gupta (PW-15A), who proved the post-mortem report Ex.P-10, in which, cause of death was stated to be cardio respiratory arrest because of asphyxia due to antemortem burn and as per the query report (Ex.P-32), it was opined that death was homicidal in nature. Pursuant to memorandum statement of A-1 (Ex. P-19) & A-2 (Ex.P-20), clothes of both appellants and deceased were seized, which were sent for chemical examination to FSL and as per the FSL report (Ex.P-38), blood & human blood has been found on the seized articles. Furthermore, the Test Identification Parade (for short “TIP”) was also conducted by the Tahsildar- Neeta Thakur (PW-12) on 06.07.2016 vide Ex.P-1, in which, Anand Ram (PW-7) had identified the appellant (A-1&A-2). After due investigation, both the appellants were charge- sheeted for the aforesaid offences before the jurisdictional criminal court, which was ultimately committed to the Court of Sessions for hearing and disposal in accordance with