2026:CGHC:547-DB ASHOK NAFR SAHU HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by ASHOK SAHU Date:

2026.01.06

18:00:26 +0530 CRA No. 1349 of 2015 {Arising out of judgment dated 10.03.2015 passed in Sessions Trial No.195/2014 by the learned Sessions Judge, Raigarh}

Puran Manjhi, S/o. Chheraram @ Jheraram Manjhi, Aged About 40 Years, R/o. Village Buranupani, Kharabhouna, P.S. Kapu, Tahsil Dharamjaigarh, Distt. Raigarh, Chhattisgarh.

... Appellant versus State Of Chhattisgarh, Through Station House Officer, P.S. Kapu, Distt. Raigarh, Chhattisgarh.

... Respondent For Appellant : Mr. Shashi Kumar Kushwaha, Advocate For Respondent : Mr. Amit Buxy, Dy. Govt. Advocate (Division Bench)

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (06.01.2026)

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the appellant under Section

374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 10.03.2015, passed by the learned Sessions Judge, Raigarh in Sessions Trial No.195/2014, by which, the appellant herein has been convicted for the offence under Section 302 of Indian Penal Code and sentenced to undergo life imprisonment along-with fine of Rs.5000/-, in default of payment of fine amount, 2 years additional rigorous imprisonment.

2. Case of the prosecution, in brief, is that, on 13.07.2014 at

8:00 A.M., the appellant assaulted Madwari Manjhi (now deceased) by Axe, by which he suffered grievous injuries and died on 14.07.2014 at 7:00 A.M. and thereby, the offence has been committed. The matter was reported to the police, pursuant to which, zero merg was registered vide Ex.P-16 and numbered merg was registered vide Ex.P-17, FIR was registered vide Ex.P-13, Inquest was conducted vide Ex.P-11 and dead body of deceased Madwari Manjhi was subjected to post-mortem, which was conducted by Dr. A.S.Thakur (PW-4), who proved the post-mortem report vide Ex.P-9, according to which, cause of death was stated to be coma as a result of head injury caused by hard & blunt object. The query report is Ex.P-10. Pursuant to memorandum statement of the appellant (Ex.P-1), blood-stained axe was seized vide Ex.P-2, which was sent for chemical examination to FSL, but the FSL report has not been brought on record. After due investigation, the 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, in which, the appellant abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.

3. In order to bring home the offence, the prosecution examined as many as 12 witnesses and exhibited 24 documents and the appellant-accused in support of his defence has not examined any witness but has exhibited the document i.e.

Ex.D-1.

4. The trial Court, after appreciation of oral and documentary

evidence on record, convicted the appellant herein for the

offence under Section 302 of I.P.C. and sentenced him for life

imprisonment against which the present appeal has been

preferred.

5. Mr. Shashi Kumar Kushwaha, learned counsel for the appellant, would submit that taking into the prosecution case as it is, at the best, the offence under Section 304 Part-II of I.P.C. is made out against the appellant and he remained in jail from 14.07.2014 to 06.01.2020 i.e. for more than 5 years. Therefore, the conviction of appellant for offence under Section 302 of I.P.C. be converted to Section 304 Part-II of I.P.C. and he be sentenced for the period already undergone and the appeal be allowed in part.

6. Mr. Amit Buxy, learned State counsel, would support the impugned judgment and submit that the prosecution has been able to bring home the offence beyond reasonable doubt and the trial Court has rightly convicted the appellant for the aforesaid offence. He would further submit that it is not a case where the