2026:CGHC:7561-DB NAFR HARNEET KAUR HARNEET KAUR HIGH COURT OF CHHATTISGARH AT BILASPUR Date: 2026.02.13 11:23:51 +0530 Criminal Appeal No. 1414 of 2015 Smt. Amrit Bai Chandra W/o Laxmi Prasad Chandra Aged About 60 Years R/o Village Kirkar, P.S. Malkharouda, Distt. Janjgir Champa, Chhattisgarh.

----Appellant (On Bail)

Versus State Of Chhattisgarh Through P.S. Malkharouda, Distt.

Janjgir Champa, Chhattisgarh., Chhattisgarh ---- Respondent For Appellant :- Ms. Katyayani Vishnupriya, Advocate For Respondent/State:- Mr. H.A.P.S. Bhatia, P.L.

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

11/02/2026 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 02/11/2015 passed by learned 1^st Additional Sessions Judge, Sakti, District Janjgir-Champa in Sessions Trial No. 53/2014 whereby the appellant has been convicted and sentenced as under :-

Conviction Sentence U/s 460 of IPC R.I. for 10 years with fine of Rs.

10,000/- and in default of payment of fine, additional R.I.

for 1 year.

U/s 302 r/w 34 of IPC Life imprisonment with fine of Rs. 20,000/- and in default of payment of fine, additional R.I.

for 2 years.

U/s 328 r/w 34 of IPC R.I. for 10 years with fine of Rs.

10,000/- and in default of payment of fine, additional R.I.

for 1 year.

Prosecution Case :-

2. Case of the prosecution, in brief, is that on

10/12/20136 at about 9 PM at village Kirkaar within the ambit of Police Station Malkharouda, the appellant herein along with co-accused persons Maheshwar and Avdhesh, in furtherance of their common intention of causing death of Dashrath Chandra, trespassed into his house and after assaulting him with hands and fists, administered insecticide (organophosphorus) to him and caused his death and thereby, committed the aforesaid offences.

3. Further case of the prosecution is that about two years prior to the incident, co-accused Avdhesh had borrowed fertilizer from the deceased and had not made any payment and on 08/12/2013, when deceased went to his house asking for money, Avdhesh abused him and they got into a dispute. On 09/12/2014, at about 9 PM, son of the deceased namely Nameshwar (PW-3) was watching TV and deceased Dashrath was lying in his cot when co-accused Maheshwar trespassed into their house and forcefully administered insecticide to the deceased and dragged him outside the house and after 15 minutes, when deceased returned to his house, he told his son that accused persons Maheshwar, Avdhesh and the present appellant had assaulted him with hands and fists and thereafter, he fainted and lost consciousness and at about 12 AM, deceased Dashrath died in his house.

4. On the next day, complainant Nameshwar (PW-3)

reported the incident at the Police Station pursuant to which FIR was lodged vide Ex. P/4 and merg intimation was registered vide Ex. P/5 and the wheels of investigation started running. In the presence of the witnesses, dead body panchnama and nazri naksha were prepared and the dead body of deceased Dashrath was subjected to postmortem which was conducted by Dr. Hemant Kumar Sahu (PW-1) and cause of death is said to be cardiorespiratory failure as a result of suspected poisoning. From the appellant herein, her saree and slippers were seized vide Ex. P/13 and from the spot, one plastic bottle of Dichlorvos 76% Hilvos 76% insecticide containing 150 ml liquid was seized vide Ex. P/14. The viscera of the deceased was seized vide Ex. P/18 and all the seized articles were sent for forensic examination. As per the FSL report (Ex. P/34A), insecticide organophosphorous 'monocrotophos' was found in the viscera of the deceased as well as in the bottles of insectide seized from the spot. After due investigation, the appellant herein was charge-sheeted for offence punishable under Section 460, 302 and 328/34 of IPC which was committed to the Court of Sessions for trial in accordan