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2026:CGHC:6222-DB

Digitally

signed by AFR

HARNEET

HARNEET KAUR

KAUR Date:

2026.02.05

13:37:50

+0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

Criminal Appeal No. 1233 of 2019

Parvati Panika W/o Shailendra Panika Aged About 25

Years R/o Village Shivtola, Chowki Kunwaarpur, P.S.

Janakpur, District Koria Chhattisgarh.

----Appellant (On Bail)

Versus

State Of Chhattisgarh Through Police Station, Janakpur

District - Koria Chhattisgarh.

---- Respondent

For Appellant :- Mr. Basant Dewangan, Advocate

For Respondent/State:- Mr. Ashish Shukla, Addl. A.G.;

Mr. Rahul Tamaskar, G.A.;

Mr. H.A.P.S. Bhatia, P.L.

[

Hon'ble Shri Justice Sanjay K. Agrawal

Hon'ble Shri Justice Arvind Kumar Verma

Judgment on Board

04/02/2026

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of CrPC has

been preferred by the appellant against impugned

judgment of conviction and order of sentence dated

29/06/2019 passed by learned 2^nd Additional Sessions

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Judge, Manendragarh, District Koria in Sessions Case

No. 105/2017 whereby the appellant has been convicted

for offence punishable under Section 302 (two times)

and 309 of IPC and sentenced to undergo life

imprisonment with fine of Rs. 1,000/- and in default of

payment of fine, additional R.I. for three months and to

undergo S.I. for 3 months, respectively, with a direction

to run both the sentences concurrently.

2. Case of the prosecution, in brief, is that on 11/05/2017

at about 12:30 PM at Village Shivtola within the ambit of

Police Station Janakpur, the appellant herein, knowing

fully well that jumping into the well would inevitably

lead to death, after tying her two minor sons namely

Bharat, aged about 4 years, and Shatrughan, aged

about 4 months, from her waist, jumped into the well

which led to the death of both of her sons and also

attempted to commit suicide and thereby, committed the

aforesaid offence.

3. Further case of the prosecution is that on 11/05/2017,

at about 6.00–7.00 AM, the husband of the appellant

namely Shailendra Panika (PW-1), along with his family

members, had gone to the forest and at that time, the

appellant was present at home along with her two minor

sons namely Bharat and Shatrughan. At about 12.30

PM, Shailendra Panika (PW-1) returned home and found

the door of the house locked. Upon not finding his wife

and children in the house, he went towards the nearby

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well, where he noticed the appellant lying on her side in

the water. On raising an alarm, villagers including

Ramchandra Panika (PW-3) and others gathered at the

spot and the appellant was pulled out of the well in an

unconscious condition. It was further noticed that the

younger son Shatrughan was tied around the waist of

the accused and was taken out of the well in a dead

condition. Thereafter, the elder son Bharat was also

taken out of the same well, who was also found dead.

On receiving information regarding the incident,

Inspector T.S. Paikra (PW-7) of Police Station Janakpur

reached the spot and after making preliminary inquiry

from the husband of the appellant, recorded merg

intimation (Ex. P/1). Separate inquest proceedings of

both the deceased children were conducted on the spot

vide Ex. P/3 and P/4 in the presence of witnesses.

Thereafter, the dead bodies were sent to the Community

Health Centre, Janakpur, where Dr. Abhaya Gupta (PW-

9) conducted the postmortem examinations and

prepared separate postmortem reports of Bharat and

Shatrughan vide Ex. P/9A and Ex. P/10A, respectively.

The appellant was referred to the Community Health

Centre, Janakpur, for medical treatment. On the same

date, the spot map (Ex. P/5) was also prepared. On

returning to the police station on 11.05.2017, Inspector

T.S. Painkra (PW-7) registered Merg Case No. 14-

15/2017 (Ex. P/12). After receiving the postmortem

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reports and considering the facts revealed during the

inquest proceedings, FIR No. 54/2017 against the

appellant was registered for offences punishable under

Sections 302 and 309 of the IPC vide Ex. P/13. During

the course of investigation, after obtaining the medical

fi