2026:CGHC:4101-DB Digitally signed ALOK b S y H A A L R O M K A NAFR SHARMA Date:

2026.01.29

10:59:47 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 810 of 2023

1 - Rajendra Kumar Sidar S/o Sethuram Sidar Aged About 28 Years R/o Village Chikhalraunda , Police Station - Jaijaipur, District : Janjgir-

Champa, Chhattisgarh ... Appellant(s)

versus

1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Dabhra, District Janjgir-Champa (Now District Sakti)

Chhattisgarh.

... Respondent(s)

For Appellant(s) : Mr. Jai Kumar Dewangan, along with Ms.

Dimple Dewangan, Advocate.

For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer.

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

Order on Board

Per Ramesh Sinha, Chief Justice.

23/01/2026

1. This appeal has been filed under Section 374(2) of the Code of Criminal Procedure 1973, (for short the, Cr.P.C.) against the impugned judgment of conviction and sentence dated 10.03.2023 passed by learned First Additional Sessions Judge, Sakti, District Janjgir-Champa in Sessions Case No. 20/2021, whereby the appellant has been convicted and sentenced in the following manner:

Conviction Sentence U/s 450 of IPC RI for 05 years and fine of Rs.

1000/-, in default of payment of fine 03 months additional RI.

U/s 302 of Indian Penal Code For life imprisonment and fine of Rs. 2000/-, in default of payment of fine 06 months additional RI

2. Brief facts of the case are that on 04.05.2021, the complainant, Smt. Pili Bai Patel PW-1 lodged a report to the police that she is residing at village Thangan along with her husband, son and grandson. His son was engaged in selling Ayurvedic Medicine. The wife of the appellant also visited various places due to their business, and the accused suspected that his wife was having an extramarital affair with the deceased Hitendra Patel. On 04.05.2021, at about 04:00 pm, when his son was in his house, the appellant came into his house and gave a knife blow to his abdomen and fled away. From the injury, blood was coming out, and her son started struggling to live. With the help of a dial 112 vehicle, Hitendra was being taken to the Community Health Centre, Dabhra, where he was declared dead. Merg intimation Ex.P/5 was given by the Smt. Pili Bai Patel PW-1, and on her report, the FIR Ex.P/1, was registered against the appellant for the offence under Section 302 and 450 of IPC. Inquest of the dead body of the deceased, Ex.P/6, was prepared in the presence of the witnesses. The dead body was sent for its post-mortem to the Community Health Centre, Dabhra, where PW-16 Dr. Krishna Sidar conducted a post-mortem of the dead body of the deceased and gave his report Ex.P/26. While conducting the post-mortem, the doctor found one stab wound on the left lumber of abdomen, 1x1/2x4.5 inch. Inside the wound dark red colour, massive free blood present. Injuries mentioned on the abdomen are caused by a hard and sharp object. The nature is serious, time before 12 to 24 hours back at the time starts pm. Injuries are ante-mortem in nature, and opined that the immediate cause of death is cardiorespiratory arrest due to internal bleeding. The incident caused by a stab wound to the left lumber abdomen. Nature of death: homicidal. Spot map Ex.P/2 was prepared by the Police, and Ex.P/3 was prepared by the Patwari. The appellant was arrested on 04.05.2021, and he too was sent for his medical examination to the Community Health Centre, Dabhra, where he was medically examined by Dr. Jai Agrawal, who found abrasion with bleeding on the head of the accused, which was simple in nature. Memorandum statement of the appellant Ex.P/8 was recorded, and based on his memorandum statement, one knife and a TVS Jupiter Scooty have been seized vide seizure memo Ex.P/9. The blood-stained and plain soil was also seized from the spot vide seizure memo Ex.P/10. The knife seized from the appellant was sent for his query report to the doctor, who gave his report Ex.P/27 and