2026:CGHC:2399-DB ASHOK SAHU NAFR Digitally signed by ASHOK SAHU Date:

2026.01.16

18:26:27 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1638 of 2018 {Arising out of judgment dated 28.09.2018 passed in Sessions Trial No.65/2016 by the learned Second Additional Sessions Judge, Manendragarh, District Korea}

Ramlal, S/o. Late Dhani Ram, Aged About 50 Years, R/o. Village Pasauri, Police Station Kelhari, District Korea, Chhattisgarh.

--- Appellant versus State Of Chhattisgarh, Through Police Station Kelhari, District Korea, Chhattisgarh.

--- Respondent For Appellant : Ms. Usha Chandrakar, Advocate For Respondent : Dr. Surendra Kumar Dewangan, Panel Lawyer &

CRA No. 1771 of 2018

1 - Ashok Kumar. S/o. Nand Kumar, Aged About 40 Years, R/o. Village- Pasouri, Police Station- Kelhari, District- Korea, Chhattisgarh.

2 - Smt. Madhuri, W/o. Ashok Kumar, Aged About 35 Years, R/o. Village- Pasouri, Police Station- Kelhari, District- Korea, Chhattisgarh. ---Appellants Versus State Of Chhattisgarh, Through Station House Officer, Police Station- Kelhari, District- Korea, Chhattisgarh.

--- Respondent For Appellant : Ms. Nirupama Bajpai, Advocate For Respondent : Dr. Surendra Kumar Dewangan, Panel Lawyer (Division Bench)

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board (15.01.2026)

Sanjay K. Agrawal, J.

1. Ashok Kumar (A-1) and his wife Smt. Madhuri (A-2) both have preferred Criminal Appeal No.1771/2018 and Ramlal (A-3) has preferred Criminal Appeal No.1638/2018. Since common question of law and facts are involved in both the appeals and have been arisen from Sessions Trial No. 65/2016, they have been clubbed together, heard together and are being disposed of by this common judgment.

2. Both the appeals filed under Section 374(2) of Cr.P.C. are directed against the impugned judgment dated 28.09.2018 passed by learned Second Additional Sessions Judge, Manendragarh, District Korea in Sessions Trial No.65/2016, by which, the appellants herein have been convicted and sentenced as under :

3. Case of the prosecution, in short, is that in the intervening

night of 29.10.2015 at 3:00 A.M. to 02.11.2015, Ashok Kumar (A-1) and his wife Smt. Madhuri (A-2) along-with Ramlal (A-3) and Kamla Prasad (died on 13.09.2018) all in

furtherance of their common intention caused the death of Mukesh Kumar, brother of Ashok Kumar (A-1), by stabbing screw driver on his neck and in order to screen themselves from the legal punishment, they thrown the dead body into the dam and thereby committed the aforesaid offences. The matter was reported to the police by Nand Kumar (PW-1), pursuant to which, Merg Intimation was registered vide Ex.P- 6, FIR was registered vide Ex.P-33, Inquest was conducted vide Ex.P-7 and dead body of deceased Mukesh Kumar was subjected to post-mortem, which was conducted by Dr. Mahesh Singh (PW-7), who proved the post-mortem report vide Ex.P-26-A, in which, no definite opinion can be given regarding cause of death. Pursuant to memorandum statement of the appellants vide Ex.P-12, Ex.P14, Ex.P-16 & Ex.P-18, wooden juwa was seized vide Ex.P-13 from Ashok Kumar (A-1), nylon robe was seized vide Ex.P-15 from Madhuri (A-2), bamboo stick was seized vide Ex.P-17 from Kamla Prasad (died) and blood-stained shirt & screw driver was seized vide Ex.P-19 from Ramlal (A-3), which were sent for chemical examination to FSL and as per the FSL report (Ex.C-1 to C-3), blood was found over the seized articles. After due investigation, the appellants were charge-sheeted for the aforesaid offences to the jurisdictional criminal court and the case was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which, the appellants abjured their guilt and entered into defence stating that they have not committed any offence and they have been falsely implicated.

4. In order to bring home the offences, prosecution examined as many as 18 witnesses and exhibited 44 documents along- with Ex.C-1 to Ex.C-3