2025:CGHC:41088-DB NAFR SOURABH HIGH COURT OF CHHATTISGARH AT BILASPUR BHILWAR Digitally signed by SOURABH BHILWAR CRA No. 868 of 2024 Date: 2025.08.19 10:52:57 +0530 Shiv Kumar Prajapati S/o Dassu @ Dashua @ Dashrath Prasad Prajapati Aged About 31 Years R/o Gora, Police Station - Amarpatan, District Satna (M.P.), (Currently R/o Village - Amapali, Police Station - Kharasia, District Raigarh (C.G.)

... Appellant versus State Of Chhattisgarh Through Station House Officer Police Station - Kharasia, District Raigarh (C.G.)

... Respondent(s)

(Cause-title taken from the Case Information System)

For Appellant(s) : Mr. Saurabh Dangi, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Bibhu Datta Guru, Judge

14/08/2025

1. This criminal appeal preferred under Section 374(2) of the Cr.P.C is against impugned judgment of conviction and order of sentence dated

29.02.2024 passed in Sessions Trial No. 09/2019 by the learned Second Additional Sessions Judge, Raigarh, C.G., whereby the appellant has been convicted and sentenced as under:-

2. Case of the prosecution in brief is that the complainant Narayan Dansena filed a written report to the effect that he is a resident of Aamapali. They are three brothers, his younger brother is Amrit Lal Dansena, whose younger son's name is Yog Prakash Dansena (since deceased) was about 9 years old and was studying in class IV in the village government school. A Durga idol has been installed on Navratri festival at a distance of about 200 meters from their house, where his brother Amrit, sister-in- law Kamala, mother Rekhamati, wife Kaushalya, nephew Vivek and Yogprakash went for worship and darshan at around 6.30 pm on 14/10/2018. After performing Pooja, at around 7.30 pm, nephew Yogprakash and brother Amritlal stayed near the pandal, rest came home. Brother Amritlal was distributing Prasad near the pandal. When Amritlal returned home at about 8 pm, his children asked him whereabouts of Yog Prakash. Then his elder son Vivek told that an unknown person called twice on mobile phone and said that Yog Prakash was in his custody and demanded the ransom of Rs. 25,000/- within 24 hours. They were thinking that the call was someone's joke, when again after some time a call came and he said that deceased was in his custody. Thereafter, the family members searched the deceased in the vicinity and at the Durga pandal, but he could not be found. On calling the number from which the call had come, it was said to be switched off. His nephew Yogprakash has been kidnapped by luring him. On the basis of above report, an FIR was registered against the unknown accused under Section 364A IPC at Kharsia police station and the case was taken into investigation. In the meanwhile, on the suspicion, the family members of the deceased inquired the appellant on which he declined however subsequently the dead body was recovered from the agricultural field on the basis of memorandum of the accused/appellant i.e. Ex.P/14. Based on the same the offence under Section 302 & 201 IPC have been added.

3. During investigation, Spot Map was prepared. Statement of the Victim and the Statements of witnesses were recorded. Subsequently after completing the investigation, a charge-sheet was submitted before the Court.

4. After framing the charges against the accused/appellant, the charges were read out and explained to the appellant, he denied committing the crime and demanded trial.

5. In order to bring home the offence, the prosecution has examined 13 witn