Digitally signed by BHOLA B N H AT O H LA NATH KHATAI KHATAI D 20 a 2 te 6 : .01.08

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2026:CGHC:911-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1354 of 2019 Rupnarayan @ Banno Kodaku S/o Sonsai Kodaku Aged About 40 Years R/o Village Baghwartola, Budhdudih, Police Station Balrampur, District Balrampur Ramanujganj, Chhattisgarh.

... Appellant versus State Of Chhattisgarh Through The Station House Officer, Police Station Balrampur, District Balrampur Ramanujganj Chhattisgarh.

... Respondent For Appellant : Mr. Tarun Dansena, Advocate For Respondent/State : Dr. Surendra Dewangan, P.L.

(Division Bench)

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswa l Judgment On Board (07.01.2026)

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of Cr.P.C. has been preferred against the judgment of conviction and order of sentence dated 17.07.2019, passed by learned Additional Sessions Judge, Ramanujganj, District Balrampur- Ramanujganj (C.G.) in Sessions Trial No.84/2017, whereby the appellant herein has been convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo Life Imprisonment with fine of ₹

500/- and in default of payment of fine, to suffer three months additional rigorous imprisonment.

2. The case of prosecution, in short, is that on 04.10.2017 at about 7:00 p.m., in village Bachhwar Tola, Budhudih, Police Station – Balrampur, District Balrampur- Ramanujganj, the appellant herein assaulted his wife Sukhmaniya (deceased) by axe and bamboo stick, due to which she suffered grievous injuries and died, thereby the offence has been committed. Information in this regard was given by the father of appellant to Police Station – Balrampur, pursuant to which, Dehati Nalsi was recorded vide Ex.P-12. Merg Intimation was recorded vide Ex. P-14 and FIR was registered vide Ex.P-17. Inquest was conducted vide Ex.P-2 and dead body of the deceased was subjected to post-mortem, which was conducted by Dr. Rajiv Tiwari (PW- 5). According to the post-mortem report Ex. P-8, cause of death was hemorrhagic shock due to head injury of vital organ brain and death was homicidal in nature. Pursuant to the memorandum statement of appellant (Ex. P-4), one axe and one bamboo stick were seized vide Ex. P-5 which were sent for chemical examination to FSL along with other seized articles. As per FSL report Ex. P-24, human blood was found on the said axe and bamboo stick. After due investigation, appellant was charge-sheeted for the aforesaid offence before the jurisdictional criminal court, which was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law.

3. During the course of trial, in order to bring home the offence, prosecution examined as many as 8 witnesses and exhibited 24 documents. The appellant-accused in support of his defence has neither examined any witness nor exhibited any document. The statement of appellant / accused was recorded under Section 313 of the CrPC in which he denied the circumstances appearing against him in the evidence brought on record by the prosecution, pleaded innocence and false implication.

4. Learned trial Court, after appreciation of oral and documentary evidence on record, convicted and sentenced the appellant herein as mentioned in the opening paragraph of this judgment, against which the present appeal has been preferred by the appellant questioning the legality, validity and correctness of the impugned judgment.

5. Mr. Tarun Dansena, learned counsel for the appellant, would submit that there is no direct evidence against the appellant, and his conviction under Section 302 of the IPC is based solely on the assumption that he committed the murder of his wife. He would submit that although the FSL report (Ex. P-24) confirmed the presence of human blood on the axe and bamboo stick seized pursuant to the memorandum statement of appellant, it has not been proved that the said weapons were used