2025:CGHC:47724-DB MANPREET KAUR Digitally signed by NAFR MANPREET KAUR Date: 2025.09.18 10:42:30 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 995 of 2021

1 - Punitram S/o Shri Budhram Sori Aged About 35 Years R/o Village Bhatadiggi Police Station Mainpur , District Gariyaband Chhattisgarh.

2 - Jaikumar S/o Shri Budhram Sori Aged About 27 Years R/o Village Bhatadiggi Police Station Mainpur , District Gariyaband Chhattisgarh.

... Appellant(s)

versus State Of Chhattisgarh Through District Magistrate , Gariyaband , District Gariyaband Chhattisgarh.

... Respondent(s)

For Appellant(s) : Mr. Dheerendra Pandey, Advocate For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, C.J .

17.09.2025

1. This criminal appeal filed by the appellants under Section 374(2)

of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 26.07.2021 passed by the learned Additional Sessions Judge, Gariyaband, District- Gariyaband (C.G.) in Sessions Trial No. 50/2019, whereby the appellants have been convicted for offence under Section 302/34 of the IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.1000/- (each), in default of payment of fine, to further undergo additional rigorous imprisonment for one year (each) and under Section 201/34 of the IPC and sentenced to undergo rigorous imprisonment for five years (each) and fine of Rs.1000/- (each), in default of payment of fine, to further undergo additional rigorous imprisonment for one year (each) (both the sentences were directed to run concurrently).

2. Case of the prosecution, in brief, is that on 29.03.2019, informant Bansingh Sori telephonically informed the Station House Officer, Mainpur, Basant Baghel, that at about 7:00 a.m., villagers had discovered the burnt body of an unknown man lying near Rasiya Nala, Bhatadighi village. Immediately, the informant along with Uderam Sori, Phool Singh, Anant Ram, Devi Singh and the village Kotwar Nokheshwar Jagat proceeded to the spot. On reaching, they found the body of an unknown male aged about 40–45 years, lying beneath a tree, badly burnt on his face, hands and legs, rendering him unidentifiable.

3. On the basis of this information, a rural inquest report (Ex.P-23)

and a register of untimely and accidental death (Ex.P-33) were prepared. A Panchnama map (Ex.P-03) was drawn after issuing notice (Ex.P-02) to the witnesses. For purposes of identifying the body, an Identification Panchnama (Ex.P-01) was prepared. About 500 grams of burnt ashes were collected from the spot and seized vide Ex.P-05. A site map (Ex.P-24) was also prepared in presence of witnesses. The body was then sent to District Hospital, Gariaband for postmortem via autopsy application (Ex.P-34), and the postmortem report (Ex.P-27) was obtained.

4. Subsequently, FIR (Ex.P-35) was registered at Mainpur Police Station against the accused persons under Sections 302, 201, 34 IPC. During investigation, on 02.04.2019, another site map (Ex.P- 09) was prepared in the presence of witnesses. The memorandum statements of the accused (Ex.P-11 and Ex.P-12)

were recorded under Section 27 of the Evidence Act.

5. Pursuant to the memorandum of accused Puneetram Sori, a black Bajaj Platina motorcycle (No. CG 05 E 3998) and a pair of blue- white plastic sandals of the deceased were seized and seizure memo (Ex.P-13) was prepared. From the memorandum of accused Jaikumar Sori, a yellow matchbox containing 27 matchsticks was recovered and seized vide Ex.P-14. The seized sandals were later identified in a Panchnama conducted before 10 witnesses.

6. Statements of the informant and witnesses were recorded. On finding sufficient evidence, both accused were arrested as per arrest warrants (Ex.P-15 and Ex.P-16), and their families were duly informed (Ex.P-17 and Ex.P-36).

7. During further investigation, constable Somnath Diwan (PW-14)

produced sealed evidence