2024:CGHC:45561-DB D sii gg nit ea dl l by y AFR ANKIT A KN UMKI AT R KUMARSINGH SINGH D 20a 2te 4: .11.25

16:09:10 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1763 of 2019 (Arising out of judgment dated 21.10.2019 passed in Sessions Trial No.28/2019 by the Sessions Judge, Jashpur, District Jashpur, Chhattisgarh.)

 Pradeep Xalxo S/o Albinus Xalxo, aged about 32 years, R/o Lokhandi, Chengotoli, Police Station Jashpur, District Jashpur, Chhattisgarh.

... Appellant versus  State of Chhattisgarh through Police Station Jashpur, District Jashpur, Chhattisgarh.

... Respondent For Appellant :- Ms. Pushpa Dwivedi, Advocate /

Panel Lawyer appointed by Chhattisgarh High Court Legal Services Committee.

For Respondent-State :- Mr. Ashutosh Shukla, Panel Lawyer.

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

Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board (21.11.2024)

Sanjay K. Agrawal, J

1. Assail in the present criminal appeal filed under Section

374(2) of the CrPC preferred by the sole appellant-accused, is to the legality, validity and correctness of the judgment dated 21.10.2019 passed by the Sessions Judge, Jashpur, District Jashpur, Chhattisgarh, in Sessions Trial No. 28/2019 by which the sole appellant herein has been convicted for offence under Section 449 of the IPC and sentenced to undergo 5 years’ rigorous imprisonment with ₹

fine of 500/- and in default of payment of fine amount to undergo additional rigorous imprisonment for 1 month & further he has also been convicted for offence under Section 302 of the IPC and sentenced thereunder to suffer ₹

imprisonment for life with fine of 500/- and in default of payment of fine amount to undergo additional rigorous imprisonment for 1 month, with a direction to run concurrently.

Prosecution story:-

2. On 03.06.2019 at about 7:00 am, at village Lokhandi, Chengotoli, Police Station Jashpur, District Jashpur, Chhattisgarh, the appellant trespassed into the house of Albert Tirky and assaulted him with sharp edged weapon i.e. axe by which he suffered grievous injuries and died and thereby committed the aforesaid offence. It is the further case of the prosecution that on 03.06.2019, Madwareen Bai (PW-1), village Kotwar, reported the matter to the police that Berna Kujur (PW-5) had given her information about the death of the deceased and thereafter, she along with other villagers went to the spot and saw the dead body of the deceased in the pool of blood, pursuant to which merg intimation (registration of unnatural death) and FIR were registered vide Exs.P/16 & P/1, 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/10) proved by Dr. Smt. P.C. Ekka (PW-7), cause of death was excessive haemorrhage due to multiple injuries and nature was homicidal. Pursuant to memorandum statement of the appellant (Ex.P/5) weapon of offence i.e. axe and the clothes of the appellant were seized vide Exs.P/6 & P/7, respectively. Other articles were also seized. Seized articles were sent for chemical analysis to FSL and as per FSL report (Ex.P/25) on the clothes of the deceased (articles F

1 to F ); mat (article G) and on the half pant (चቂኋ(cid:3)) of the

4 appellant human blood was found and on the axe and t-

shirt of the appellant human blood of group ‘B’ was found.

3. After due investigation, appellant herein was charge-

sheeted for the aforesaid offences 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.

4. In order to bring home the offence, prosecution has examined as many as 12 witnesses and exhibited 28 documents, whereas, defence, in support of its case, has not examined any witness, but exhibited 1 document. The statement of the appellant / accused was recorded under Section 313 of the CrPC in which he denied the circumstances appearing against him in the evid