2024:CGHC:35775-DB Digitally signed by VAISHALI LUCKY NAGARIA Date: 2024.09.20

10:28:07 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 177 of 2019 (Arising out of judgment dated 29.11.2018, passed in Session Trial No. 227 of 2017 be the learned Eight Additional Sessions Judge, Raipur, District – Raipur,Chhattisgarh)

• Rajulal Verma S/o Khedram Verma Aged About 31 Years R/o Village Kirna, Police Station Nevra, District Raipur Chhattisgarh.

... Appellant versus • State of Chhattisgarh Through The Station House Officer, Police Station Nevra, District Raipur Chhattisgarh.

... Respondent For Appellant : Mr. Santosh Bharat, Advocate and Mr.

Abdul Wahab Khan, Advocate For Respondent : Mr. Ashish Shukla, Additional A.G.

Division Bench Hon’ble Shri Justice Sanjay K. Agrawal &

Hon’ble Shri Justice Amitendra Kishore Prasad Judgment on Board

12/09/2024 Sanjay K. Agrawal,J

1. Invoking criminal appellate jurisdiction of this Court, the present criminal appeal under Section 374(2) of CrPC has been filed by the appellant namely Rajulal Verma calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dated 29.11.2018 passed by the learned Eighth Additional Sessions Judge, Raipur, District Raipur, Chhattisgarh in Sessions Trial No.227/2017 whereby the appellant has been convicted for offence punishable under Section 302 of the IPC and sentenced to undergo imprisonment for life and ₹

pay fine of 500/-, in default of payment of fine, appellant has to undergo additional rigorous imprisonment for one month.

2. The case of the prosecution, in a nutshell, is that on

14.08.2017, at about 08:00 PM, in front of the house of Suresh Verma, near a tractor, at Village Kirna, Police Station Nevra, District Raipur, Chhattisgarh, the appellant with the intent to kill Sunil @ Derha Verma (now deceased), assaulted him by means of iron Gandasha (weapon like a knife) on both side of his neck, by which he suffered grievous injuries and died and, thereby, said to have committed the aforesaid offences.

3. It is further case of the prosecution that when Pawan Kumar Verma (PW-01) reported the matter to the police, merg intimation and FIR were registered vide Exs. P/23 & P/24 respectively. Spot map was prepared vide Ex.P/13. Inquest proceedings (Ex. P/4) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/21) proved by Dr. Saroj Gandharw (PW-15) cause of death was shock due to hemorrhage as result of injury to neck vessels and nature was homicidal. Pursuant to memorandum statement of the appellant recorded vide Ex.P/5, one ‘Gandasa’ was seized vide Ex.P/7. Clothes of appellant were also seized vide Ex.P/7. Thereafter, the seized articles were sent for chemical analysis to FSL and as per FSL report (Ex.P/18) on the said Gandasa stains of human blood having O group were found.

4. After due investigation, appellant was charge-sheeted for the aforesaid offence and the case was committed to the Court of Sessions for trial in accordance with law. The appellant / accused abjured his guilt and entered into defence.

5. During the course of trial, in order to bring home the offence, the prosecution has examined as many as 17 witnesses and exhibited 24 documents, whereas, the appellant has examined 2 defence witnesses. Statements of the appellants were recorded under Section 313 of CrPC in which they denied the circumstances appearing against them in the evidence brought on record, pleaded innocence and false implication.

6. The learned trial Court after appreciating the oral and documentary evidence available on record, convicted the appellant for the offence as mentioned in the opening paragraph of the judgment, against which this appeal has been preferred by the appellants herein questioning the impugned judgment of conviction and order of sentence.

7. Mr. Santosh Bharat and Mr. Abdul Wahab Khan, learned counsel for the appellant, would submit that the trial Court is absolutely