MANPREET 2025:CGHC:45186-DB KAUR D by ig M ita A l N ly P s R ig E n E e T d AFR KAUR Date: 2025.09.08 16:55:08 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1064 of 2023 Jitendra Dhruw S/o Shri Awadh Ram Dhruw Aged About 30 Years R/o Village Telinsatti, Police Station - Arjuni, District - Dhamtari Chhattisgarh. Permanent R/o Village -Palari, Police Station - Gurur, District - Balod Chhattisgarh.

... Appellant(s)

versus State Of Chhattisgarh Through - The Station House Officer, Police Station - Arjuni, District - Dhamtari Chhattisgarh.

... Respondent(s)

For Appellant(s) : Mr. Paras Mani Shriwas, Advocate For : Mr. Sangharsh Pandey, G.A.

Respondent(s)

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

04.09.2025

1. Heard Mr. Paras Mani Shriwas, learned counsel for the appellant. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the respondent/State.

2. This criminal appeal filed by the appellant/accused under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 24.02.2023 passed by the learned Additional Sessions Judge (F.T.C.) Dhamtari, District- Dhamtari (C.G.) in Session Trial No. 28/2018 by which the appellant has been convicted for the offence as under:-

3. Case of the prosecution, in brief, is that on 13.07.2017, the complainant Chandrahas Sinha lodged a written report at Police Station Arjuni, stating that he was employed as a mill operator in Padma Rice Mill, Tarsiwan. His younger brother Mahendra Sinha was living separately with his wife Usha Sinha and their two children in a house allotted to him in partition, situated adjacent to the house of the complainant. On the evening of 12.07.2017 at about 09:00 pm, both families had dinner together and thereafter went to sleep in their respective rooms. The complainant slept till about 11:00 pm. On the next morning, i.e., 13.07.2017 at about 05:30 am, upon waking, his wife Deepmala Sinha informed him that a girl was seen outside the house of his brother Mahendra. He also noticed a drill machine kept in a white bag lying on the street near his house, which his wife had picked up and kept inside. Shortly thereafter, the complainant’s mother Ramabai Sinha went towards the house of Mahendra and called out to him and his children. When no response was received, she pushed open the door, which was latched from outside, and entered the house. On entering, she found a horrifying scene inside the room that his son Mahendra Sinha, his wife Usha Sinha and their younger son Mahesh Sinha, were lying dead in pools of blood with grievous injuries on their heads and faces, while the elder son Trilok Sinha was found grievously injured but alive. On hearing the cries of Ramabai, neighbours namely Ramesh Sinha, Chatur Sinha, Kaushal Sinha and Dr. Ajay Sahu rushed to the spot. Injured Trilok was immediately taken by Ramesh and Chatur to Dhamtari for urgent medical treatment. It was noticed that some unknown person had broken open the latch of Mahendra’s house with the aid of an iron tool, gained entry, and committed multiple murders by inflicting repeated hammer blows on the deceased persons. On the basis of the report lodged by the complainant, FIR (Ex.P-35) was registered in Crime No. 196/2017 at Police Station Arjuni for offences under Sections

450, 302 IPC.