2026:CGHC:4398-DB ASHOK NAFR SAHU Digitally signed by ASHOK HIGH COURT OF CHHATTISGARH AT BILASPUR SAHU Date:

2026.01.28

10:43:14 +0530 CRA No. 513 of 2017 Ashok Toppo @ Babu, S/o. Edward Toppo, Aged About 25 Years, R/o. Village Godhanpur, Ambikapur, Police Station Gandhinagar, District- Surguja, Chhattisgarh.

--- Appellant versus State Of Chhattisgarh, Through The Police Station Rajpur, District- Balrampur-Ramanujganj Chhattisgarh, Civil District Surguja-

Ambikapur, Chhattisgarh.

--- Respondent For Appellant : Mr. Ashok Kumar Shukla, Advocate For Respondent : Mr. Amit Buxy, Dy. Govt. Advocate with Mr. Siddhant Tiwari, Panel Lawyer &

CRA No. 898 of 2017 Amit Bhagat @ Pintu, S/o. Sukhnath Bhagat, Aged About 26 Years, R/o. Village Parsagudi, Police Station Rajpur, District-

Balrampur- Ramanujganj, Chhattisgarh.

---Appellant Versus State Of Chhattisgarh, Through Station House Officer, Police Station- Rajpur, District Balrampur-Ramanujganj, Chhattisgarh, Civil District Sarguja, Ambikapur, Chhattisgarh.

--- Respondent For Appellant : Mr. Siddharth Pandey, Advocate For Respondent : Mr. Amit Buxy, Dy. Govt. Advocate with Mr. Siddhant Tiwari, Panel Lawyer (Division Bench)

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board (27.01.2026)

Sanjay K. Agrawal, J.

1. Amit Bhagat @ Pintu (A-1) has preferred Criminal Appeal No.

898/ 2017 and Ashok Toppo @ Babu (A-2) has preferred Criminal Appeal No.513/2017. Since common question of law and facts are involved in both the appeals and have been arisen from Sessions Trial No. R-21/2013, they have been clubbed together, heard together and are being disposed of by this common judgment.

2. Both the appeals filed under Section 374(2) of Cr.P.C. are

directed against the impugned judgment dated 16.03.2017

passed by learned Additional Judge of Additional Sessions

Judge, Ramanujganj, District Surguja (Ambikapur) in Sessions Trial No. R-21/2013, by which, the appellants herein have been convicted and sentenced as under :

3. Case of the prosecution, in short, is that in between

07.08.2013 at 3:00 P.M. till 08.08.2013 at 5:00 A.M. at village Parsagudi, Police Station Rajpur, District Balrampur- Ramanujganj, both the appellants in furtherance of their common intention caused the death of Kishore Goswami @ Golcha (now deceased) and in order to screen themselves from the offence, they thrown the dead body into the septic tank of the house of Sukhnath Bhagat (PW-5) and thereby committed the aforesaid offences. The matter was reported to the police, pursuant to which, Merg Intimation was registered vide Ex.P-13, FIR was registered vide Ex.P-12, Inquest was conducted vide Ex.P-16 and dead body of deceased Kishore Goswami was subjected to post-mortem, which was conducted by Dr. A.P.Gupta (PW-11), who proved the post-mortem report vide Ex.P-19, according to which, cause of death was stated to be syncope due to hemorrhagic shock, injury to neck and head and death was homicidal in nature. Pursuant to memorandum statement of the appellant (A-1), blood stained iron spade, motorcycle, nokia mobile phone of deceased were seized vide Ex.P-4 and from the memorandum statement of appellant (A-2), iron angle, jeans pant & wooden stick were seized vide Ex.P-17. After due investigation, the appellants were charge-sheeted for the aforesaid offences to the jurisdictional criminal court and the case was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which, the appellants abjured their guilt and entered into defence stating that they have not committed any offence and they have been falsely implicated.

4. In order to bring home the offences, prosecution examined as many as 16 witnesses and exhibited 26 documents and the accused/ appellants in support of their defence had neither examined any witness nor exhibited any document.

5. The trial Court, after appreciation of oral and documentary evidence on record, convicted the appellants herein for the aforesai