Digitally signed by SOURABH SOURABH PATEL PATEL Date:

1 2026.01.07

16:05:37 +0530

2026:CGHC:585-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 744 of 2017 (Arising out of judgment dated 31.01.2017 passed in Sessions Trial No. 56/2016 by the learned Sessions Judge, Jashpur, District-Jashpur)

1 - Jagnath S/o Sudhwa Kindo, Aged About 35 Years, Caste Urao, R/o Village Jhargaon Dumertoli Chowki Sonkyari, Police Station Sanna, District Jashpur, Chhattisgarh.

... Appellant versus

1 - State Of Chhattisgarh Through Police Station Jashpur, District Jashpur, Chhattisgarh.

... Respondent ---------------------------------------------------------------------------------------

For Appellant : Mr. H.S. Ahluwalia, Advocate. For Respondent-State : Mr. G.L. Uikey, Panel Lawyer.

-----------------------------------------------------------------------------------------

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

Sanjay K. Agrawal , J .

(1) This criminal appeal filed by the appellant-accused, under Section 374(2) of Cr.P.C., is directed against the impugned judgment of conviction and order of sentence dated 31.01.2017, passed by learned Sessions Judge, Jashpur, District - Jashpur (C.G.) in Sessions Trial No. 56/2016, whereby the appellant has been convicted for offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.3,000/- and, in default of payment of fine, to further undergo additional rigorous imprisonment for three months.

(2) The case of the prosecution, in short, is that on 13.06.2016 at about 7:00 pm, in village Jhargaon Dumertoli, Chowki- Sonkyari, Police Station -Sanna, District Jashpur, the appellant assaulted his father Sudhwa Kindo (now deceased) who is aged about 55 years, by way of knobstick, by which he suffered grievous injuries and died, thereby, committed the offence under Section 302 of IPC.

(3) The further case of the prosecution, in a nutshell, is that a Merg was lodged vide Ex.P-1 and P-16 by complainant Jageshwar Kindo (PW-1) stating that the appellant-accused had beaten up and killed his father, Sudhwa Kindo (deceased). On 14.06.2016, in the morning, his sister-in-law, Balkumari (PW-6), informed the complainant about the death of his father. Upon which, the complainant went to the house of the accused- appellant and found signs of physical assault on the deceased’s body, with the right wrist broken and the neck appearing to be fractured. On the said information, FIR was registered vide Ex. P-2 and P-17 against the appellant-accused. The Crime Details Form was prepared vide Ex. P-3, a spot map was prepared vide Ex. P-4, a Panchnama was drawn vide Ex. P-5 and Inquest was conducted vide Ex.P-10. The dead-body of deceased was sent for postmortem examination, and in the postmortem examination report (Ex.P/11), Dr. Roshan Bariar (PW-4) opined that the cause of death was hemorrhagic shock due to rapture of spleen and contusions on the neck and back and the death was homicidal in nature. Thereafter, appellant-accused was arrested vide Ex.P/08, Memorandum statement of the accused was recorded vide Ex.P-06. Pursuant to the memorandum statement of the accused-appellant, seizure of one sarai batta and knobstick was made vide Ex. P-7.

(4) During the course of trial, in order to bring home the offence, the prosecution has examined as many as 11 witnesses and exhibited 23 documents. The statement of the 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. However, the appellant-accused has only examined two witnesses (DW-1 and DW-2) in support of his defence.

(5) The learned trial Court after appreciating the oral and documentary evidence available on record proceeded to convict the appellant herein for offence under Section 302 of IPC and sentenced him as mentioned