2026:CGHC:902-DB MADHURIMA THAKUR NAFR MADHURIMA HIGH COURT OF CHHATTISGARH AT BILASPUR THAKUR Date: 2026.01.09 15:21:02 +0530 CRA No. 1272 of 2025 Tifil Kerketta S/o Late Bariram Kerketta Aged About 38 Years R/o Kanchira, Tendudadh, P.S. - Kaapu, District - Raigarh Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Station House Officer Police Station -

Kaapu, District - Raigarh Chhattisgarh ... Respondent(s)

For Appellant : Ms. Reena Singh, Advocate through legal aid For Respondent(s) : Mr. Shashank Thakur, Addl. Advocate General Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Arvind Kumar Verma, Judge Judgment on Board Per Arvind Kumar Verma, Judge

07/01/2026

1. Heard Ms. Reena Singh, learned counsel for the appellant through legal aid. Also heard Mr. Shashank Thakur, Addl.

Advocate General for the State/Respondent.

2. The present appeal has been preferred by the appellant under Section 415(2) of BNSS, 2023 questioning the judgment of conviction and order of sentence dated 16.05.2025, passed by Learned Additional Sessions Judge, Gharghoda, District- Raigarh (C.G.) passed in Sessions Trial No. 51/2020, whereby appellant has been convicted and sentenced as under:

3. The prosecution story in short is that, on 04.05.2020 at about

10:00 a.m., the accused gave information at Police Station Pathalgaon, District Jashpur (Chhattisgarh) stating that his elder brother Kundal Sai (deceased) had gone out of the house on 03.05.2020 between 4:00–5:00 p.m. to roam around and did not return home till evening. At night, the accused had dinner and went to sleep. In the morning, when his wife Sukmati Kerketta was going to fetch water, she saw Kundal lying in an injured condition near the roadside in the field of Jaylal Tirki. There were visible injury marks on his face and thighs, and he was still breathing. They informed the village panch and sarpanch, and Kundal was taken for treatment to the Primary Health Centre, Pathalgaon, where he died during the course of treatment. On receiving this information, a Merg (unnatural death) intimation at serial number zero was registered at Police Station Pathalgaon.

4. During investigation, it was found that the accused and the deceased were real brothers and frequent quarrels used to occur between them. On the day of the incident, the accused, in a fit of anger, assaulted the deceased with an iron rod, as a result of which the deceased died. Accordingly, Crime No. 29/2020 was registered at Police Station Kapu against the accused for the offence punishable under Section 302 of the Indian Penal Code and the FIR (Exhibit P-17) was lodged. The spot map (Exhibit P-

18) was prepared and statements of witnesses were recorded.

5. Witnesses Rajesh Toppo and Pitambar Yadav were served notice to remain present during investigation. In their presence, the memorandum statement of the accused (Exhibit P-1) was recorded and at his instance, one iron rod used in the incident was seized. Blood-stained soil and plain soil were seized from the spot. The accused was arrested and intimation of arrest was given to his wife Sukhmati Bai.

6. On 05.05.2020, Assistant Sub-Inspector Neeta Kurre conducted the inquest proceedings in the presence of Panch witnesses and legal heirs after issuing notice under Section 175 CrPC. Inquest Panchnama was prepared. Since injuries caused by assault were found on the body of the deceased, the dead body was sent through constable Bhimsen Kurre for post-mortem examination to Community Health Centre, Pathalgaon.

7. Dr. Akash Kujur (PW-11) conducted the post-mortem on

05.05.2020 and submitted the post-mortem report (Exhibit P-24)

and short post-mortem report (Exhibit P-25). He opined that death was caused due to excessive bleeding resulting from multiple injuries, leading to hemorrhagic shock. The nature of death was opined to be homicidal. On 06.05.2020 at 15:05 hours, Merg No.

21/2020 was registered at Police Station Pathalgaon.

8. The statement of the accused was recorded under Section 313 o