2025:CGHC:44203-DB NAFR Digitally VISHAKHAsigned by BEOHAR VISHAKHA BEOHAR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 963 of 2016 Judgment Reserved on 12.08.2025 Judgment Delivered on 01.09.2025

1 – Atmaram, S/o Bajeram Rohidas, aged about 40 Years, R/o - Village - Sirki, P. S. - Dipka, Distt. Korba Chhattisgarh.

2 - Ashish Kumar Mourya, S/o Rajendra Mourya, aged about 25 Years, R/o - Khapri, P.S. Torwa, Distt. - Bilaspur Chhattisgarh Presently Resided at Pragatinagar, P.S. - Dipka, Distt. – Korba, Chhattisgarh.

...Appellants versus

1 - State of Chhattisgarh, Through the Police Station - Bango, Distt.

Korba, Chhattisgarh.

... Respondent For Appellants : Mr. Akhtar Hussain, Advocate For Respondent/State : Mr. Afroz Khan, P.L.

Division Bench Hon'ble Smt. Justice Rajani Dubey, J. &

Hon'ble Shri Justice Amitendra Kishore Prasad, J.

CAV Judgment

Per, Amitendra Kishore Prasad, J.

1. This criminal appeal preferred by the appellants herein under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 12.07.2016 passed in Sessions Trial No.64/2015 by the Additional Sessions Judge, Katghora, C.G., by which the appellants stand convicted & sentenced as under:-

(Both sentences were directed to run concurrently)

2. Case of the prosecution, in brief, is that deceased Sunita Yadav alias Bhantin Yadav was the second wife of Rajendra alias Munna Maurya. Since she frequently quarreled with Rajendra Maurya and his family after consuming liquor, accused- Ashish Maurya conspired with co-accused Atmaram to eliminate her, promising to pay him Rs.10,000/-. On 17.04.2015, accused- Ashish Maurya took the deceased on his motorcycle to Village Kendai, after taking accused- Atmaram on the way. The three visited Matin temple and thereafter went to Kendai Waterfall. At the spot, accused- Ashish Maurya assaulted the deceased on the head with a stone, and while holding her hand, enabled accused- Atmaram to slit her throat with a blade and caused her death. Thereafter, both the accused persons threw the dead body of deceased into the waterfall and thereafter, both the accused persons consumed liquor and returned home. On 19.04.2015, the dead body of an unknown woman was recovered from Kendai Waterfall, and during investigation it was identified as that of deceased-Sunita Yadav. Upon further inquiry and identification of clothes and articles, FIR (Exs.P-21& P-24) was registered against accused persons- Ashish Maurya and Atmaram under Sections 302, 201 and 34 IPC. Thereafter, inquest proceedings were conducted vide Ex.P-3. Dead body of deceased- Sunita Yadav was sent for postmortem examination which was conducted by PW-14 Dr. Anil Benarjee, who have proved the postmortem report Ex.P-19. According to PW-14, Dr. Anil Benarjee, the cause of death of the deceased, Sunita Yadav, was hemorrhagic shock resulting from a forceful attack with a sharp weapon on the lower side of the neck. and mode of death of deceased was homicidal in nature.

3. During investigation, spot map was prepared vide Ex.P-13 and accused persons were arrested vide Exs.P-30 & 31. Memorandum statement of appellant No.2, Ashish Kumar Mourya, was recorded vide Ex.P-17, pursuant to which one white T-shirt bearing blood-like stains and mud, along with a piece of brick attached to the T-shirt, was seized vide Ex.P-14. Vide Ex.P- 15, full pant of appellant No.2 Ashish, motorcycle and related documents of it were seized. Likewise, memorandum st