2025:CGHC:11399-DB Digitally signed by SAIFAN SAIFAN KHAN NAFR KHAN D 20a 2te 5: .03.12

14:16:57 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No.1759 of 2019 [Arising out of judgment dated 29.08.2017, passed in Sessions Case No.03 of 2017 (State of Chhattisgarh v. Krishnapal Singh @ Bheekam Otti) by the Additional Sessions Judge, Pendra Road, District Bilaspur (CG)]

Krishnapal Singh @ Bheekham Otti S/o Shri Amar Singh Otti Aged About 37 Years Caste Gond, R/o Badka Mohalla, Dhanpur, P. S. Pendra, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Appellant (In Jail)

Versus State Of Chhattisgarh Through Station House Officer, P. S. Pendra, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Respondent [Cause-title taken from Case Information System (CIS)]

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For Appellant : Ms. Sharmila Singhal, Senior Advocate assisted by Mr. Vivek Bhakta, Advocate For Respondent : Mr. Ashish Shukla, Add. Advocate General and Mr. Arvind Dubey, Govt. Advocate --------------------------------------------------------------------------------------------

Division Bench Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (07.03.2025)

Sanjay K. Agrawal, J (1) Invoking criminal appellate jurisdiction of this Court under Section 374(2) of the Code of Criminal Procedure (for short the “CrPC”), the sole accused-appellant herein is calling in question legality, validity and correctness of impugned judgment of conviction and order of sentence dated 29.08.2017, passed in Sessions Case No.03 of 2017 (State of Chhattisgarh v. Krishnapal Singh @ Bheekam Otti) by the Additional Sessions Judge, Pendra Road, District Bilaspur (CG), whereby he have been convicted and sentenced as under:

[All the sentences are directed to run concurrently]

(2) The case of the prosecution, in a nutshell, is that on 10.01.2016, at about 09:30 PM in the night, in the house of injured/complainant- Smt. Nirasha Bai (PW-01), situated at Village Dhanpur, which comes within the ambit of Police Station Pendra, District Bilasur (CG), the accused-appellant herein firstly illegally trespassed into the house of the complainant and, thereafter, with the intent to kill, assaulted her husband and son, namely, Lal Singh and Biran Singh (hereinafter referred to as the “deceased persons”) by means of wooden stick and spade, due to which, they suffered grievous injuries and died and, further, assaulted complainant- Smt. Nirasha Bai (PW-01), due to which, she suffered grievous injuries and, thereby, the appellant is said to have committed the aforesaid offences.

(3) It is further case of the prosecution that when complainant- Smt. Nirasha Bai (PW-01) reported the matter to the police, FIR (Ex.P/01) was registered against the appellant and wheels of investigation started running, in which, summons under Section 175 of CrPC were sent vide Ex.P/03 & Ex.P/25 and inquest proceedings were also conducted vide Ex.P/04 & Ex.P/26. Merg intimations were registered Ex.P/02 & Ex.P/28. Najari naksha and panchnama were also prepared vide Ex.P/11 & Ex.P/12 respectively. The dead-bodies of the deceased persons were sent for postmor