2026:CGHC:3492-DB NAFR ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR HIGH COURT OF CHHATTISGARH AT BILASPUR CHANDRA CRA No. 938 of 2020 Jamuna Soni W/o Tejendra Soni Aged About 31 Years R/o Nehru Nagar, Police Station Kotwali, District Raipur Chhattisgarh --- Appellant versus State of Chhattisgarh Through Station House Officer, Police Station Telibandha, District Raipur Chhattisgarh --- Respondent CRA No. 560 of 2021 Vinay @ Vikky S/o Late Roshan Valde Aged About 20 Years R/o Surya Nagar, Gogaon, Police Station Gudiyari, District Raipur Chhattisgarh.

--- Appellant Versus State of Chhattisgarh Through Police Station Telibandha, District Raipur Chhattisgarh.

--- Respondent (Cause-title taken from Case Information System)

For Appellant in CRA 938/2020 : Mr. C.R. Sahu, Advocate For Appellant in CRA 560/2021 : Mr. Praveen Dhurandhar, Advocate For Respondent/State : Mr. S.S. Baghel, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

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1. Since both the above-captioned appeals arise out of a common factual matrix and common judgment, this Court is disposing of both these appeals by a common judgment.

2. Both these Criminal Appeals have been preferred under Section

374(2) of the CrPC against the impugned judgment of conviction and order of sentence dated 20.10.2020 passed by the Court of 8^th Additional Sessions Judge, Raipur, District – Raipur (C.G.) in Sessions Trial No.06/2019, by which the appellants have been convicted and sentenced in the following manner with a direction to run all the sentences concurrently:-

to run all the sentences concurrently:-

to run all the sentences concurrently:-

to run all the sentences concurrently:-

to run all the sentences concurrently:-

to run all the sentences concurrently:-

to run all the sentences concurrently:-

to run all the sentences concurrently:-

3. Case of the prosecution, in brief, is that on 29.09.2018, a mortuary inquiry was initiated upon receiving information about the body of an unidentified person lying in an empty space in front of Gaurav Garden. During the investigation, the deceased's family was questioned, and his younger brother, Suresh Kumar Baghel, was located. He identified the deceased as his brother, Sushil Baghel. Based on the statements of the deceased's family and the injuries on the deceased’s body, a case was registered under FIR No. 485/18, Section 302 of the Indian Penal Code (IPC), and an investigation was initiated. During the investigation, witness statements led to the arrest of the accused, Jamuna Soni. She confessed to conspiring with co-accused Vinay Walde and Akash Sahu to murder Sushil Baghel. Additionally, she admitted to destroying evidence by concealing the deceased’s shoes and the knife used in the murder. Consequently, Sections 120B, 201/34 of the IPC, and Section 25 of the Arms Act were added to the case. Witness statements were recorded, seizure proceedings were carried out, and, after finding sufficient evidence, the accused were arrested. Since accused Akash Sahu was absconding, the investigation continued against him, and a charge sheet was presented in the jurisdictional Court against the remaining accused, wherein on determining that the offence under Section 302 of the IPC had been committed, the same was transmitted to the Court of Sessions, wherefrom the case was transferred to Court of 8^th Additional Sessions Judge, Raipur for trial vide order dated 24.12.2018. Accused Akash was arrested on 22.07.2019, and after completing the necessary investigative proceedings, a supplementary challan was presented in the jurisdictional Court on 26.09.2019. The case was then sent to the Sessions Court under the surrender order dated 27.09.2019, and the supplementary charge sheet was received by the Court of 8^th Additional Sessions Judge, Raipur on 04.10.2019 for trial.

4. When charges were framed against the accused under Sections

120B, 302 read with 34