2026:CGHC:6494-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Deshiya Kujur S/o Tenga Kujur Aged About 50 Years R/o Village - Larangi, Bangalapara, Police Station Kusmi, District - Balrampur - Ramanujganj, Chhattisgarh.

... Appellant(s)

versus State Of Chhattisgarh Through Station House Officer, Police Station House Officer, Police Station Kusmi, District Balrampur - Ramanujganj, Chhattisgarh.

...Respondent(s)

(Cause-title taken from Case Information System)

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For Appellant : Shri Sudhir Kumar Bajpai, Advocate For Respondent/State : Shri Nitansh Jaiswal, PL ---------------------------------------------------------------------------------------------------------

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

Per R amesh Sinha, Chief Justice

05.02.2026 Heard Shri Sudhir Kumar Bajpai, learned counsel for the appellant.

Also heard Shri Nitansh Jaiswal, PL, appearing for the respondent/State.

1. The appellant has preferred this Criminal Appeal filed under Section 374 (2) of the Criminal Procedure Code against the judgment of conviction and order of sentence dated 22-02-2024 passed by the learned First Additional Sessions Judge, Ramanujganj, District Balrampur-Ramanujganj, in Sessions Case No. 05/2020, whereby the appellant has been convicted Under Section 302 of the IPC, and sentenced him for Life Imprisonment with fine of Rs. 500/-, in default of payment of fine additional imprisonment for 30 days.

2. The case of the prosecution in brief is that on 10-10-2019, at about 15:20 PM, the complainant Abhaydip Tigga/PW-1 gave merg intimation to the police that at about 6:00 AM, there was a quarrel between his father Filmon Tigga (deceased), and the accused Deshiya Kujur under the influence of liquor. At about 1:00 PM, the accused Deshiya Kujur committed murder of his father by assaulting him on his body with an axe, and his dead body is lying near the house of the accused. The Police have recorded merg intimation/Ex. P-1, and his written report is Ex. P-2. Inquest of dead body of the deceased was prepared in presence of the witnesses, which is Ex.P-4. FIR Ex.P-6 was recorded against the appellant for commission of offence under Section 302 of the IPC. The dead-body of the deceased was sent for its postmortem to the Community Health Centre, Kusmi, District Balrampur-Ramanujganj. PW- 12/Dr. Rakesh Thakur conducted postmortem of the dead body of the deceased and gave postmortem report/Ex. P/10. While conducting the postmortem, the doctor has found the following injuries on her body:

(1) Fracture of the zygomatic bone with laceration of skin, Lt. side of face.

(2) Chop wound present on Lt. side of waist, illium bone is sharp chopped.

(3) Chop wound present Lt. side of back (4) Chop wound present Lt. side of back, stomach is seen with 12th Rib fracture.

(5) L/w present over Lt. Temporal region with fracture of bone.

After conducting the postmortem, the doctor has opined that cause of death was due to excessive hemorrhage, and the nature of death is homicidal.

3. Blood-stained and plain soil, and the weapon of offence-axe have been seized from the spot vide seizure memo Ex.P-9. The axe and T- shirt of the deceased were sent to the doctor for query report, from where query report Ex.P-11 was submitted, wherein the doctor opined that the injuries of the deceased could have been caused by the said axe. Spot map/Ex.P-5 was prepared by the police, and spot map/Ex.P-7 was prepared by the Patwari. The appellant was arrested on 12-10-2019, and his memorandum statement Ex.P-12 was recorded. Based on his memorandum statement, blood like stained half T-shirt has been seized from him vide seizure memo/Ex. P-13. The seized axe, clothes, plain and blood stained soil were sent for FSL examination. Statement of the witnesses under Section 161 of CRPC has been recorded and after completion of usual investigation,