2026:CGHC:5708-DB NAFR Digitally signed by BABLU B R A A B JE L N U DRA R BH AJ A E N N A D R R K A AR HIGH COURT OF CHHATTISGARH AT BILASPUR BHANARKARDate:

2026.02.03

17:43:01 +0530 CRA No. 669 of 2025 Rameshwar Banjare S/o Shri Banshiram Banjare Aged About 31 Years R/o Dindolabhantha, Chowki Hardibazar, P.S. Kusmunda, District Korba Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Station House Officer, Police Station Kusmunda, District Korba Chhattisgarh ... Respondent(s)

For Appellant : Mr.Ravipal Maheshwari, Advocate For Respondent : Mr.Priyank Rathi, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, CJ

02/02/2026

1. This criminal appeal under Section 415 of the Bhartiya Nagrik Suraksha Sanhita is directed against the judgment of conviction recorded for offence under Section 302 of the IPC and sentence awarded i.e. imprisonment for life and fine of ₹2,000, in default of payment of fine to further undergo rigorous imprisonment for six months by the First Additional Sessions Judge, Katghora, vide impugned judgment dated 4.3.2025 in Sessions Trial No.29/2022.

2. The case of the prosecution, in brief, is that on 06.04.2022, complainant Dhanbai Banjare (PW-1) appeared at the police outpost and lodged Report No. 29/2022 (Ex.P-17), stating that on 06.04.2022 her husband, Firangi Ram Banjare, had gone to perform watchman duty at the bridge construction site over Lilagar River. He was resting near a tent erected in their Kosmahi Jhorki field adjacent to the site, when at about 7 P.M. her nephew-in-law Ramesh Banjare came there and, due to an old land dispute, abused her husband Firangi Ram Banjare with filthy language and threatened to kill him. The accused caught hold of his head and struck it against the iron pipe of a cot, causing injuries to the back of his head. During the scuffle, he also caused injuries to the left cheek and assaulted him on the chest with fists and blows, resulting in injuries. The injured informed her about the incident over the phone, after which she went to the spot along with her brother-in-law Ramsagar Banjare and son-in-law Leeladhar Sonwani, and took him to Primary Health Center, Hardibazar for treatment.

3. On receipt of the said information, Crime No. 135/2022 under

Sections 294, 506, and 323 of the Indian Penal Code was

registered vide Ex. P-17 and investigation was initiated. The

injured Firangi Ram Banjare was sent to PHC Hardibazar for

treatment, from where his medical examination report (Ex. P-10) was obtained. During treatment, on 07.04.2022 at 07:10 A.M., information regarding his death was given by complainant Dhanbai, upon which a merg intimation No. 0/2022 (Ex. P-19) was registered at Police Outpost Hardibazar. On its basis, a numbered merg was registered at Police Station Kusmunda vide Ex. P-16. Consequently, Section 302 of the IPC was added against accused Rameshwar. Proceedings of inquest over the dead body were conducted, notices to witnesses were issued vide Exs.P-02/20, and the spot map/inquest map (Ex. P-3) was prepared. Thereafter, on the opinion of the panch witnesses, an application (Ex.P-21) was sent to PHC Hardibazar for post-mortem examination. Based on the said application, Dr. A.N. Kanwar conducted the post-mortem of the body of Firangi Ram and found following injuries:-

(i) Lacerated wound 2 ½ x cm ½ x bone deep on scalp over occipital bone.

(ii) Lacerated wound 1 x ½ cm left side on face over mandible bone.

(iii) Abrasion 2 ½ x 1 cm. Left side on chest.

(iv) Contusion with lacerated wound 5 x 3 ½ cm left side on chest.

(v) Abrasion 1 x ½ cm left palm near left thigh.

The doctor has opined that the cause of death is shock due to injury to lung and vital organ. Death was homicidal in nature. During investigation, blood-stained soil, plain soil, and an iron-pipe cot were seized from the spot as per seizure memo (Ex. P-5). The T-shirt worn by the accused / appellant at the time of