2026:CGHC:7776-DB Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWALDate:

2026.02.19

11:54:03 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 312 of 2023

1 - Akashdeep Sharma @ Gullu S/o Jagatpal Sharma, Aged About 23 Years Residents Of K.L.C Quarter, No 36-A, Khursipar, Police Station Khursipar, Bhilai District Durg, Chhattisgarh

2 - Jagatpal Sharma, S/o Late Lalji Sharma, Aged About 48 Years Residents Of K.L.C Quarter, No 36-A, Khursipar, Police Station Khursipar, Bhilai District Durg, Chhattisgarh (Since dead)

3 - Asha Sharma Sharma, W/o Jagatpal Sharma, Aged About 44 Years Residents Of K.L.C Quarter, No 36-A, Khursipar, Police Station Khursipar, Bhilai District Durg, Chhattisgarh ... appellant (s)

versus State Of Chhattisgarh Through, S.H.O. Khursipar, Bhilai District Durg Chhattisgarh ... Respondent(s)

For appellant (s) : Mr. B.P. Singh, Advocate along with Mr.

Shikhar Bakhtiyar, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

12.02.2026

1. Heard Mr. B.P. Singh, Advocate along with Mr. Shikhar Bakhtiyar, learned counsel for the appellants as well as Mr. Shailendra Sharma, Panel Lawyer, counsel for the State/ Respondent.

2. The challenge in the appeal is the judgment of conviction and sentence dated 25/01/2023 passed by learned First Additional Sessions Judge, Durg (CG) in Sessions Case No. 82/2020 whereby the appellants have been convicted and sentenced in the following manner:-

3. Brief facts of the case are that on 10.08.2020 at about 21.15

hours, the complainant Satya Narayan Awasthi (PW/1) lodged a

report to the Police that at about 8.30 pm, when he was playing

with his friends in the vicinity and on being call by his mother, he was going to his house and then he saw that the accused Jagatpal Sharma caught hold his father Rajesh Awasthi and the accused Asha Sharma caught hold his mother Madhavi @ Budhiya and they exaurted “maro-maro” and at the same time, accused Akashdeep Sharma took a sword from his house and assaulted his father on his head. Despite his efforts, he could not save himself and after the assault, he went unconscious and fell down. Thereafter, Akashdeep Sharma assault his mother by sword and she too receive injury and fell down. When he tried to intervene, he too have been assaulted by Akashdeep Sharma by which he received injuries on his left underarm. He ran from the place and called the persons of the vicinity for help and then the persons of the vicinity gathered there and Police has also come. His father and mother were taken to hospital for treatment and the incident is witnessed by Ankit Jaiswal, Aman Shah, Sagar Sharma and others. On the report made by Satya Narayan Awasthi, FIR (Ex-P/1) was registered against the appellants/ accused persons for the offence under Sections 307/34 of IPC. Both the injured persons Rajesh Awasthi and Madhavi Awasthi were declared brought dead in the hospital and then enquest (Ex-P/4) of the dead body of the deceased Rajesh Awasthi and postmortem of the dead body of the deceased Budhiya @ Madhvi was prepared in presence of the witnesses and both the dead bodies were sent for its postmortem to Govt. Hospital, Supela, Bhilai, Dist- Durg where (PW/10) Dr. Ramakant Chourasiya conducted postmortem of the dead bodies of the deceased persons and gave its report (Ex-P/31) (Rajesh Awasthi) and (Ex-P/32) (Madhvi @ Budhiya Awasthi). While conducting the postmortem the doctor has received following injuries on the dead body of the deceased Rajesh Awasthi :-

• Lacerated wound on the right shoulder • Lacerated wound on right hand • Incised wound on left side of head with chrused injury all internal bone is visible • Left franto temporal region having chrused injury.

• All part visible from outside bone and brain.

And the doctor opined that the cause of death is head injury leads to hemorrhagic shock.

4. While conducting the postmortem