2026:CGHC:3764-DB Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL D 20 a 2 te 6 : .01.29

14:45:34 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1355 of 2021

1 - Panchram Rathiya S/o Daulatram Rathiya Aged About 47 Years R/o Kerwa, Police Station Kartala, District Korba Chhattisgarh.

... Appellant(s)

versus

1 - State Of Chhattisgarh Through Station House Officer Of Police Station- Kartala, District Korba Chhattisgarh.

... Respondent(s)

For appellant (s) : Mr. Roop Naik, Advocate For Respondent(s) : Mr. Soumya Rai, Dy. Govt. Advocate Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shr i Ravindra Kumar Agrawal, Judge

Order on Board

Per Ravindra Kumar Agrawal, J.

22.01.2026

1. The present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973, by the appellant against the impugned judgment of conviction and sentence dated 13.08.2021 passed by learned Sessions Judge, Korba (C.G.) in Sessions Case No. 70/2019 whereby the appellant has been convicted under Section 302 of IPC and sentenced for life imprisonment with fine of Rs. 500/-, in default of payment of fine, further R.I.

for six months.

2. The brief facts of the case are that on 18/02/2019, murg intimation (Ex-P/1)

lodged by Krishan Kumar Yadav (PW/1) that his brother Vijay lal @ Mahadev Yadav had gone to grazing his she-goats on 17.02.2019, but he has not returned back. On being search, he found his dead body at Cheetaburakhar Jungle, having injuries over the body. The Police came on the spot and prepared inquest (Ex-P/3) in presence of the witnesses. The dead body was sent for its postmortem to Community Health Centre, Kartala, where PW/04 Dr. Shekhar lal Kawar conducted the postmortem of the dead body of the deceased and gave the postmortem report (Ex-P/9). While conducting the postmortem, the Doctor has noticed incised wound on right ear pinna between upper 1-3rd and lower 2/3rd of ear lobe. Pinna was cut, only skin is adherent, dragous of right ear was swollen. Massive contusion on left side of face. Massive clotted blood present on both parietal aspect of skull and found linear fracture of frontal bone of skull and opined that cause of death is hemorrhage and shock due to head injury which seems to be homicidal in nature.

3. The Spot Map (Ex-P/4) was prepared by the Police and (Ex-P/12) was prepared by the Patwari. During the investigation, statements of the witnesses were recorded and then FIR (Ex-P/16) was registered against the accused Panch Ram Rathiya for the offence under Section 302 of IPC. The accused was arrested on 25.03.2019 and his memorandum statement (Ex- P/5) was recorded. Based on his memorandum statement, one axe has been seized from him vide seizure memo (Ex-P/6). Blood stain and plain soil have been seized from the spot vide seizure memo (Ex-P/8). The seized axe was sent for its query report to doctor, who gave his report (Ex-P/10) and opined that the injuries found on the body of the deceased could have been caused by the said axe and advised for chemical examination. The axe seized from the appellant, blood stain and plain soil and cloths of the deceased were sent for its chemical examination to Regional FSL, Bilaspur, from where report (Ex-P/20) was received and except the plain soil, blood was found on the send articles.

4. After completion of usual investigation, charge-sheet was filed against the accused before the learned Judicial Magistrate, First Class, Kartala for the offence under Section 302 of IPC. The case was committed to the learned Sessions Court for its trial.

5. The learned trial Court has framed charge for the offence under Section 302 of IPC. The accused denied the charge and claimed trial.

6. In order to prove the charge against the accused the prosecution has examined as many as 13 witnesses. Statement under Section 313 of Cr.P.C of the accused was also recorded in which he denied the circumstances appears against him, plead innocence and have submitted that he has been falsely implicated in the off