2026:CGHC:3195-DB ROHIT KUMAR NAFR CHANDRA Digitally signed by ROHIT HIGH COURT OF CHHATTISGARH AT BILASPUR KUMAR CHANDRA CRA No. 1984 of 2025 Shaniram Manjhi S/o Late Etwaram Manjhi Aged About 55 Years R/o Village Katkalo, Dumarpara, P.S. Sitapur, District : Surguja (Ambikapur), Chhattisgarh ... Appellant versus State of Chhattisgarh Through S.H.O. Sitapur, Sarguja, District : Surguja (Ambikapur), Chhattisgarh ... Respondent For Appellant : Mr. Wasim Miyan, Advocate For Respondent/State : Mr. S.S. Baghel, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

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1. Heard Mr. Wasim Miyan, learned counsel for the appellant as well as Mr. S.S. Baghel, learned Government Advocate, appearing for the appellant.

2. This criminal appeal filed by the appellant/accused under Section

415(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) is directed against the impugned judgment of conviction and order of sentence dated 12.08.2025 passed by the learned Sessions Judge, Sarguja (Ambikapur), District - Sarguja (C.G.) in Sessions Trial No. 06 of 2020, whereby the appellant/accused has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment and fine of Rs.100/-, in default of payment of fine, additional SI for 03 months. Further the appellant has also been convicted under Section 323 of IPC and sentenced to undergo SI for 01 month, with a direction to run both the sentences concurrently.

3. Case of the prosecution, in brief, is that the complainant /

informant Laxman Manjhi appeared at the Sitapur Police Station on 17/11/2019 and filed a verbal complaint stating that his father, Shaniram, had doubts about his mother, Manmati's character. On the date of the incident, he and his wife, Basanti, had gone to work, while accused Shaniram and his wife, Manmati, were at home. When his wife, Basanti Manjhi, went to drink water, she saw accused Shaniram standing in the courtyard with an axe in his hand, which was covered in blood. Manmati was lying dead on the ground, her neck severed, and blood was on the floor. Seeing this incident, his wife, Basanti, became alarmed and rushed home. Meanwhile, when neighbor Nadhiyaro Bai arrived at their house, accused Shaniram Manjhi also assaulted Nadhiyaro with a stick. During the intervention, Laxman Manjhi tied accused Shaniram with a rope and informed the surrounding people and the Kotwar (village police officer). Based on the oral information provided by complainant Laxman Manjhi, a Case Intimation No. 94/2019, Ex.P-14, was recorded at Sitapur Police Station.

Subsequently, a First Information Report (FIR) bearing Crime No. 136/2019, Ex.P.-1, was registered against the accused under sections 302 and 323 of the Indian Penal Code for the murder of his wife, Manmati and causing simple injury to injured victim.

4. During the investigation, after giving notice to the witnesses (Ex.P.3), in their presence, the Panchnama (Ex.P.4) of the dead body of the deceased Manmati was prepared. The dead body of the deceased Manmati was sent to the Primary Health Centre- Sitapur for postmortem by Constable No.-68 Nirmal Kuren, from where the postmortem report (Ex.P.11) was received. On the basis of the accused's memorandum (Ex.P.7), the axe and stick were seized as per Ex.P.8. An application, Ex.P-21, was submitted to the Tehsildar, Narmadapur for providing a site plan of the incident A site map of the incident was prepared by the Patwari as per Ex. P-10. Blood-soaked soil and plain soil were seized from the scene as per Ex.P-6. The injured victim was taken to CHC, Sitapur, for medical treatment by female constable Pushpa Lakra No. 604, who provided her medical report as per Ex.P-12. The accused was arrested and an arrest panchnama (Ex.P-19) was prepared. The seized items were sent to FSL, Ambikapur, via letter Ex.P-22 through the Superintendent of Police,