2026:CGHC:7287-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1058 of 2015 Salamat Khan S/o Maksud Khan Aged About 72 Years R/o Mudapar, Manikpur, Korba, District Korba Chhattisgarh , Chhattisgarh ...Appellant(s)

versus State Of Chhattisgarh Through Station House Officer, Police Station Kotwali, Outpost Manikpur, District Korba Chhattisgarh , Chhattisgarh ---Respondent(s)

For Appellant : Mr. C.R. Sahu, Advocate For Respondent/State : Mr. Amit Baxy, Dy. G.A.

Hon’ble Shri Sanjay K. Agrawal, Judge Hon’ble Shri Arvind Kumar Verma, Judge Judgment on Board

10/02 /202 6 Arvind Kumar Verma. J.

1. This criminal appeal preferred under Section 415(2) of the Bhartiya Nagrik Suraksha Sanhita is directed against the impugned judgment of conviction and order of sentence dated 30.10.2013, passed by the learned Additional Sessions Judge (F.T.C) District Korba (C.G.) in Session Trial No. 77/2012, whereby the appellant has been convicted and sentenced as under:

Conviction Sentence Section 302 of Indian Life imprisonment and fine of Rs. Penal Code 5,000/-, in default of payment of fine, 01 year additional R.I.

Section 201 of Indian R.I. for 2 years and fine of Rs. Penal Code 1,000/-, in default of payment of fine, 03 months additional R.I.

2. Brief facts of the case are that, the deceased, Smt. Chandtara, wife of Salamat Khan, was a resident of Mudapar. The accused Salamat Khan’s brother-in-law, Amrula Ansari, is a resident of Aurangabad (Bihar). About 7–8 months prior to the date of the incident, Amrula Ansari came to Korba and stayed at the house of Smt. Chandtara, where he initially drove a truck belonging to another person. After a few days, he started operating an old truck, which he obtained by paying part of the amount in cash and the remaining amount on credit. Without repaying the outstanding amount, he took the said truck to Bihar. Upon repeated demands for repayment of the balance amount, Smt. Chandtara undertook the responsibility of arranging the money; however, she could not repay the same. On this issue, the accused Salamat Khan used to frequently assault his wife. On 23.12.2011, in the morning, the accused assaulted Smt. Chandtara and threatened her, stating that she must go to Bihar and bring the money, failing which she would face serious consequences. Due to such threats and assaults, the deceased Smt. Chandtara went from Korba to Village Bajrahi, Bihar, on 23.12.2011, to the house of her sister and brother-in- law. After staying there for two days, when the money could not be arranged, on 25.12.2011, one of her relatives put her on a bus for returning to Korba, seating her on seat No. 3, and instructed the bus helper (khalasi) Kundan Patel to ensure that she was dropped safely at Korba. Accordingly, on 26.12.2011 at about 4:15 a.m., Kundan Patel dropped the deceased at Korba Bus Stand. Thereafter, near Shankar Hotel, while she was having tea, the accused Salamat Khan assaulted his wife again over the issue of not bringing the money and, near Mudapar Tiraha, strangulated Smt. Chandtara to death. After committing her murder, the accused concealed the dead body in a pit and covered it with clothes. On 27.12.2011, the accused left for Bihar stating that he was going to search for his wife. After three days, on 31.12.2011, he returned to Korba in the morning and in the evening lodged information regarding the discovery of the dead body of his wife, Smt. Chandtara. On the basis of the said information, Chowki Manikpur, Police Station Kotwali, Korba, registered an offence and took up the investigation. During the course of investigation, sufficient evidence was found against the accused. Consequently, Crime No. 17/2012 was registered against the accused under Sections 302 and 201 (Part-B) of the Indian Penal Code. The accused was arrested, his memorandum statement was recorded, statements of witnesses were taken, and upon completion of the investigation, a charge-sheet was filed before the competent court.

3. Statements of witnesses