2026:CGHC:2145-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 833 of 2016 Deep Kumar S/o Shri Madho Kunjam Aged About 26 Years R/o Bajrang Chowk, Rajhara, Ward No. 11, P.S. Rajhara, District Balod, Chhattisgarh, Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Police Station Rajhara, District Balod, Chhattisgarh., Chhattisgarh ... Respondent(s)

For Appellant : Mr. Vipin Tiwari, Advocate.

For Respondent(s) : Mr. Priyank Rathi, Government Advocate.

Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

14/01/2026

1. Heard Mr. Vipin Tiwari, learned counsel for the appellant as well as Mr. Priyank Rathi, learned Government Advocate for the State/respondent.

2. Challenge in this appeal filed under Section 374(2) of the Criminal Procedure Code, 1973 is to the judgment of conviction and order of sentence dated 09.03.2016 passed in Sessions Trial No. 96/2015 by the learned Sessions Judge, Balod, District Balod, by which the appellant has been convicted and sentenced as under:

Conviction under Jail Sentence Fine Default Jail Section (Rigorous) sentence (Rigorous)

460 of the Indian Penal 10 years Rs. 500/- 2 months Code (for short, the IPC)

394/397 IPC 10 years Rs. 500/- 2 months 302 IPC Life imprisonment Rs. 500/- 2 months

3. The appellant/convict Deepakumar Kunjam was charged under Sections 460, 394/397 and 302 of the IPC with the allegation that during the intervening night of 20/21.09.2015, within the jurisdiction of Rajhara Police Station, in Ward No. 16, at the house of Jugabai (hereinafter referred to as ‘the deceased’) situated in front of Lal Maidan, which is used as a human dwelling and for custody of property, he entered at night with the intention of committing theft/robbery/murder, pushed Jugabai, strangled her, tied her hands, forcibly snatched and robbed utensils, silver strip, bangles, necklace, gold ear-ornaments, chains etc. from her house, and while committing robbery committed house-breaking by night, and intentionally or knowingly strangled and assaulted Jugabai and caused her death.

4. The prosecution case in brief is that Maltibai Sahu’s (PW-10) elderly mother Jugabai, who was also known in the neighbourhood as Banglahindai, lived alone in a house situated in Ward No. 16, opposite Lal Maidan, Rajhara. On 21.09.2015 in the evening, neighbour Kamlabai saw that the window of the deceased’s house was broken and a tin trunk was lying outside near the door. She then informed neighbour Kishore Kumar Sahu (PW-2). Kishore Kumar Sahu informed Jugabai’s daughter PW-10 Maltibai Sahu (resident of Mohanpur, Police Station Baghnadi, District Rajnandgaon), and Khilawanram (PW-1) (resident of Vicharpur, Navagaon, Police Station Dongargaon, District Rajnandgaon), and also informed the police. On this information, Sub-Inspector Murarilal Sahu (PW-8) registered Merg intimation (Exhibit P/4) and First Information Report (Exhibit P/5). Because it was night, Maltibai and Khilawan came the next day. There the Trainee DSP and Station House Officer Abhishek Maheshwari (PW-9), after giving notice (Exhibit P/1) to panch witnesses prepared the inquest report (Exhibit P/2) of the deceased’s dead body which was lying on the ground. Articles and clothes were lying scattered. The cloth below the deceased’s waist was lifted up, both her hands were tied in front with cloth. Blood was coming out of her nose and mouth. A yellow nylon rope was tied around her neck. Thereafter, the spot map (Exhibit P/3) was prepared. The body was sent for post-mortem through Constable Baldev (PW-7) by issuing duty certificate (Exhibit P/12). Statements of witnesses were recorded. On 27.09.2015, the accused was examined and his memorandum statement (Exhibit P/6) was prepared. On his disclosure, when he took police to his house at Ward No. 11, Bajrang Chowk, Rajhara, and produced them, utensils like lota, glass, box, bowl, plate, brass vessel etc., and bangles, ear-ornament, neckl