2025:CGHC:40408-DB AMARDEEP NAFR CHOUBEY Digitally signed by AMARDEEP HIGH COURT OF CHHATTISGARH AT BILASPUR CHOUBEY Date: 2025.08.14 19:00:25 +0530 CRA No. 14 of 2016

1 - Ramlal and Others S/o Mahaveer Kodaku Aged About 24 Years R/o Village Sapra, Koliyadamar, P.S. Balrampur, Distt. Balrampur Ramanujganj, Civil Distt. Surguja, Rev. Distt.

Balrampur, Chhattisgarh., Chhattisgarh

2 - Ramkumar S/o Bifna Aged About 45 Years R/o Village Badkimadri, P.S. Balrampur, Distt. Balrampur Ramanujganj, Civil Distt. Surguja, Rev. Distt. Balrampur, Chhattisgarh., District :

Balrampur,Chhattisgarh

3 - Deepak Tirkey S/o Nikols Aged About 19 Years R/o Village Birkima, Piparsota, P.S. Balrampur, Distt. Balrampur Ramanujganj, Civil Distt. Surguja, Rev. Distt. Balrampur, Chhattisgarh., District : Balrampur, Chhattisgarh ... Appellants versus The State of Chhattisgarh Through Police Station Balrampur, Distt. Balrampur Ramanujganj, Chhattisgarh., Chhattisgarh ---- Respondent ----------------------------------------------------------------------------------------

For Appellants : Mr. Shrikant Kaushik, Advocate For Respondent-State : Mr. Hariom Rai, Panel Lawyer.

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Bibhu Datta Guru, Judge

12.08.2025

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 03-11-2015 passed by the learned Additional Sessions Judge, Ramanujganj, C.G. in Sessions Case No.316/2010 whereby learned trial Court convicted and sentenced the appellants as under:-

Both the sentences are directed to run concurrently

2. For the sake of convenience the accused/appellant would be referred as Ramlal (A-1), Ramkumar (A-2) and Deepak Tirkey (A-3).

3. (a) Case of the prosecution, in brief, is that on 18.05.2010, Dheeraj Singh (PW-26) informed at P.S. Balrampur that on 18.05.2010 at 6.15 a.m., he was informed by Santosh Singh in his mobile that Deepak Singh has died in an accident. On receiving the information, he went to the spot and saw that the dead body of deceased lying on the ground between the Tractor’s engine and trolley near his bricks kiln. Blood was oozing out from his ears and nose. On the basis of said information, Merg was registered. Crime detail form was prepared vide Exs.P-6 and P-7. Spot map was prepared vide Ex.P-22. During the investigation, mobile phone of A-1, who is tractor driver of deceased was found in a damaged condition and smeared with blood. After taking the appellants in custody, it was revealed that the appellants and deceased were consuming alcohol in the courtyard of A-2. Due to sudden dispute, the deceased was assaulted by means of hands and fist, bricks and iron rod. With intention of making the incident appear as an accident and to destroy evidence, the appellants placed the deceased in an injured condition between tractors parked near the brick kiln, far from the house of A-2, thereafter, started the tractor and crushed him to death. Subsequently, the appellants fled from the spot with cash and mobile of the deceased.

4. (b) An iron rod, cash amounting to ₹3,500, mobile phone of deceased, shoes, and the clothes worn by the appellants at the time of the incident with stains resembling blood, were seized and sent to the FSL, Raipur for examination. Thereafter, the appellants were arrested vide Exs.P-30 to P- 32. After due investigation, the final report was filed against the appellants.

5. In course of trial the prosecution examined as many as 29 witnesses and exhibited 41 documents. to bring home the charges. The appellants persons abjured the guilt; pleaded innocence; and false implication.

6. The learned trial Court after appreciating the