Establishes the principle that a conviction can be upheld based on credible eyewitness accounts coupled with solid medical evidence in murder cases.

For State/Respondent : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

30.07.2025

1. Heard Mr. Rohit Sharma, learned counsel for the appellants through video conferencing and Mr. Malay Jain, learned Panel Lawyer, appearing for the State/respondent.

2. This criminal appeal is filed by the appellants/accused under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’) is directed against the impugned judgment of conviction and order of sentence dated 18.03.2024 passed by the learned Sessions Judge, Bastar at Jagdalpur (C.G.) in Sessions Trial No.59/2021, whereby the appellants/accused has been convicted for the offence punishable under Sections 302 /34 of the Indian Penal Code, 1860 (for short, ‘ IPC ’) and sentenced to undergo imprisonment for life and fine of Rs.100/-, in default of payment of fine amount, additional rigorous imprisonment for 01 month to both the accused persons.

3. The prosecution case, in brief, is that on the intervening night of 16–17.03.2021, due to a long-standing land dispute, the accused persons Bonjo Kashyap and Belku alias Belku Kashyap surrounded the house of the deceased Pandru Mandavi and his wife Smt. Lakhmi Mandavi (PW-1), the complainant, in village Pakhanarcha, intending to kill them. Fearing for their lives, the complainant and her husband fled during the night towards her sister’s house at Botabodna. It was alleged that when they reached near Aksia Plot, both accused persons intercepted them. Accused Bonjo Kashyap allegedly assaulted the complainant with a wooden stick, causing her to fall. Thereafter, upon seeing this, her husband Pandru attempted to escape, but both accused persons chased him and assaulted him with weapons, Bonjo with a wooden stick and Belku with a tangia (axe), resulting in his death at the spot. The complainant managed to escape and reached her sister’s house, where she narrated the incident and informed her relatives over phone. Since the complainant was Gondi-speaking, her oral report was translated into Hindi by the village head Baman Kashyap, and the same was recorded by Sudarshan Dubey, Assistant Sub-Inspector (PW-13).

4. On the basis of the said oral report, a rural complaint No. 00/2021 was registered under Section 174 CrPC, vide Exhibit P-23, on 17.03.2021. On the same date, ASI Sudarshan Dubey proceeded to the spot of occurrence and prepared the inquest proceedings (panchnama) under Section 175 CrPC, vide Exhibit P-01, and the spot map, Exhibit P-11, in presence of witnesses. The dead body of the deceased was thereafter sent for post-mortem examination through Constable No. 275 Ashok Kumar Pardhi (PW-3), along with the postmortem application, Exhibit P-15, and the duty certificate, Exhibit P-12. The postmortem examination was conducted by Dr. Pankaja Bhagat (PW-8) at the Medical College, Dimrapal, who submitted her report vide Exhibit P-16, and the sketch of the injuries was marked as Exhibit P-17. As per the postmortem report, the cause of death was head injury, and the death was opined to have occurred within 48 hours prior to examination.

5. During investigation, ASI Sudarshan Dubey (PW-3) prepared the spot map, Exhibit P-25, and served notices under Section 160 CrPC to witnesses Dulo Mandavi and Lakhmu Mandavi, vide Exhibits P-26 and P-10, respectively. He seized 100 grams each of blood-stained and plain soil, and the Lungi of the deceased, vide seizure memo Exhibit P- 0