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2025 Supreme(Online)(Chh) 5867
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Arvind Kumar Verma, J
CHANESHWARI SAHU – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
CRA/1374/2024
The court affirmed the conviction of the appellants for murder and destruction of evidence, emphasizing the reliability of witness testimonies and the sufficiency of circumstantial evidence.
Headnote:(A) Indian Penal Code, 1860 - Sections 302, 201, and 203 - Conviction for murder and destruction of evidence - Appellants convicted for life imprisonment and fines for murder and destruction of evidence - Evidence included witness testimonies and postmortem report confirming homicidal death - Court upheld trial court's findings based on circumstantial evidence and witness credibility. (Paras 3, 16, 48)
(B) Evidence Act, 1872 - Section 118 - Competency of child witness - Court emphasized that child witnesses can testify if they understand the questions and can provide rational answers, and their testimony can be credible even without corroboration if found reliable. (Paras 22, 23)
Facts of the case:
The appellants were accused of murdering Ganesh Ram Sahu after he discovered their illicit relationship. The body was found in the Son River, and the prosecution relied on witness testimonies, including that of a child, and circumstantial evidence. (Paras 4, 46)
Findings of Court:
The trial court found that the appellants intentionally murdered the deceased and destroyed evidence, leading to their conviction. The evidence was deemed sufficient to establish guilt beyond reasonable doubt. (Paras 48, 49)
Issues: The main issues included the credibility of the child witness and whether the prosecution proved the guilt of the appellants beyond reasonable doubt. (Paras 11, 12)
Ratio Decidendi: The court ruled that the evidence presented, including the child witness's testimony and the postmortem report, established the guilt of the appellants beyond reasonable doubt, affirming the trial court's conviction. (Paras 48, 49)
Result: Appeals dismissed; conviction and sentence upheld.
Judgment on Board
Per Ramesh Sinha , Chief Justice
28.04.2025
1. Heard Mr. Dharmesh Shrivastava, learned counsel for the appellant in CRA No.1374/2024, Mr. Tarun Dansena, learned counsel for the appellant in CRA No.1363/2024 and Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for the State/respondent.
2. Regard being had to the similitude of the questions of facts and law involved, as both these appeals are clubbed together being arising out of a common crime vide impugned judgment dated 29.06.2024 passed by the Second Additional Sessions Judge, Sakti, District Janjgir-Champa, Chhattisgarh in Sessions Trial No.32/2023, these appeals have been clubbed together, heard together and are being decided by this common judgment.
3. Appellant-Pramod Kumar Sahu (A-1) has preferred CRA No.1363/2024 and appellant-Chaneshwari Sahu (A-2) has preferred CRA No.1374/2024, questioning the impugned judgment dated 29.06.2024 passed by the Second Additional Sessions Judge Sakti, District Janjgir-Champa, Chhattisgarh in Sessions Trial No.32/2023, by which they have been convicted and sentenced as under :-
Appellant – Pramod Kumar Sahu
| Conviction | Sentence | |
| Under Section 302 read with Section 34 of the Indian Penal Code, 1860 | : | Life imprisonment and fine of Rs.2,000/-, in default of payment of fine, additional rigorous imprisonment for 1 year. |
| Under Section 201 read with Section 34 of the Indian Penal Code, 1860 | : | Rigorous imprisonment for 3 years and fine of Rs.1,000/-, in default of payment of fine, additional rigorous imprisonment for 2 months. |
| All the sentences were directed to run concurrently |
Appellant – Chaneshwari Sahu
| Conviction | Sentence | |
| Under Section 302 read with Section 34 of the Indian Penal Code, 1860 | : | Life imprisonment and fine of Rs.2,000/-, in default of payment of fine, additional rigorous imprisonment for 1 year. |
| Under Section 201 read with Section 34 of the Indian Penal Code, 1860 | : | Rigorous imprisonment for 3 years and fine of Rs.1,000/-, in default of payment of fine, additional rigorous imprisonment for 2 months. |
| Under Section 203 of the Indian Penal Code, 1860 | : | Rigorous imprisonment for 1 year. |
| All the sentences were directed to run concurrently |
4. Case of the prosecution, in brief, is that complainant/informant of the case, Dukalu Ram (PW-1), along with Ishwar Sahu (PW-6), Bhisham Kumar Sahu (PW-10) and village Kotwar Chandram Banjare, went to the Police Station and lodged a report alleging that his son Ganeshram Sahu wnet anywhere on 27.03.2023 at about 8.30 PM, who was not found by searching. On the basis of report lodged by the complainant, the police registered a missing report and it is alleged that on 30.03.2023 the dead body of Ganesh Ram Sahu was seen in Son River. On the basis of report lodged by the complainant, the police registered merg intimation No.9/2023 vide Ex.P/2 and merg inquiry was conducted. The dead body was sent for postmortem and short postmortem report (Ex.P/22) was received by the Police. During course of merg inquiry, it was disclosed by the witnesses that the appellant- Chaneshwari Sahu was having conversation with co-accused Pramod Sahu through mobile phone and for which, there was a dispute between husband and wife and it was suspected that the appellant-Chaneshwari Sahu along with Pramod Sahu committed murder of the deceased and threw the dead body into the river. During the course of investigation, it was found that Ganesh Ram Sahu was murdered and for disappearance of the evidence his dead body has been thrown into Son river, therefore, the police registered First Information Report bearing Crime No. 47/2023 for the offence punishable under Sections 302 , 201 of Indian Penal Code, 1860 (for short, ‘ IPC ’) against unknown person vide Ex.P/29.
5. After registering the offence punishable under Sections 302 , 201 of IPC , the investigation was initiated. Summons under Section 175 of Cr.P.C. was given to the witnesses vide Ex.P/1 and crime details form has been prepared vide Ex.P/3. Notice under Section 160 of Cr.P.C.
