2026:CGHC:1522 Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date:

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0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 782 of 2024

1 - Vidyasagar Yadav S/o Ramratan Yadav Aged About 26 Years R/o Belgaon, Thana Janakpur, District Korea (C.G.)

... appellant (s)

versus

1 - State Of Chhattisgarh Through Police Station Janakpur, District Korea (C.G.)

... Respondent(s)

For appellant (s) : Mr. Alok Kumar Dewangan, Advocate For Respondent(s) : Mr. Karan Kumar Bahrani, Panel Lawyer Hon'ble Justice Mr. Ravindra Kumar Agrawal, J.

Order on Board

09.01.2026

1. The present criminal appeal has been listed for consideration on the application for suspension of sentence and grant of bail, however, with the consent of the parties, the matter has been heard finally.

2. The present criminal appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 against the impugned judgment of conviction and sentence dated 29/11/2023 passed by learned Second Addl. Sessions Judge, Manendragarh, Dist- Koriya, in Session Trial No. 01/2020, whereby the appellant has been convicted for the offence under Section 304 Part II of IPC and sentenced R.I. for 7 years with fine of Rs. 1000/-, in default of payment of fine, further R.I. for 5 days.

3. Brief facts of the case are that on 24/08/2019, at about 11 am, the quarrel took place between the deceased Prem Lal Yadav and his son in law Vidya Sagar Yadav (appellant) on the issue of cooking chicken and the appellant assaulted the deceased by wooden club. He was taken to community health centre, Janakpur, from where, he was referred to District Hospital, Shahdol. While taking him to Shahdol hospital, he died at about 9.30 pm on the way. The murg was intimated by the Shahdol hospital and then, murg intimation was recorded. The dead body of the deceased was sent for its post mortem to District Hospital, Shahdol, where (PW/07), Dr. Rekha Karkhur conducted the post mortem of the dead body of the deceased and gave her report (Ex- P/20). After the post mortem report, the doctor has opined that the cause of death is due to head injury. The FIR (Ex-P/12) has been registered against the appellant for the offence under Section 302 of IPC and after due investigation, the charge-sheet was filed before the learned Judicial Magistrate, First Class, Janakpur. The case was committed to the learned Session Judge, Koriya, from where, the same has been transferred to the learned trial Court for its trial.

4. The learned trial Court has framed charge against the appellant for the offence under Sections 302 of IPC. The appellant denied the charge and claimed trial.

5. In order to prove the charge, the prosecution has examined as many as 10 witnesses. Statement of the appellant under Section 313 of Cr.P.C. has also been recorded in which he denied the circumstances appears against him, plead innocence and submitted that he has been falsely implicated in the offence. One defence witness has also been examined as (DW/1) Shiv Baksh by his defence.

6. After appreciation of oral as well as documentary evidence led by the parties, the learned trial Court has acquitted the appellant for the offence under Section 302 of IPC and instead thereof convicted the appellant for the offence under Section 304 Part II of IPC and sentenced him as mentioned in the earlier part of this judgment. Hence this appeal.

7. Learned counsel for the appellant would submit that he is not challenging the conviction of the appellant, however, considering the fact that the appellant is in jail since 29.09.2019 and he already completed more that 6 years of his jail sentence, total period of sentence is awarded as 7 years, the offence of Section 304 Part II of IPC does not provide any minimum sentence, the appellant and deceases are close relative and on the sudden heat of passion, the incident occurred. The undergone period of the appellant may be considered to be sufficient for which he has been convicted and his sentence