2026:CGHC:561-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 62 of 2025 Devchand Dhankar S/o Nemu Ram Dhankar Aged About 22 Years R/o Anjani, Police Station- Kanker, District- North Bastar Kanker, C.G.

... Appellant versus State of Chhattisgarh Through The Station House Officer, Police Station- Kanker, District- North Bastar Kanker, C.G.

... Respondent For Appellant : Mr. Mukesh Shrivastava, Advocate For State : Mr. Dharmesh Shrivastava, Dy. AG Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Arvind Kumar Verma, Judge (Judgment on Board)

Per Ramesh Sinha, CJ

06/01/2026

1. Challenge in this criminal appeal is to impugned judgment of conviction and order of sentence dated 12.12.2024 (Annexure A- 1) passed by learned Principal Sessions Judge, North Bastar Digitally signed by ASHUTOSH

ASHUTOSH MISHRA

MISHRA Date:

2026.01.10

+0530

Kanker, (C.G.), in ST No.27/2020, whereby the appellant stands convicted and sentence as under:

Conviction Sentence Under Section 302 Rigorous Imprisonment for life with of the IPC. fine of Rs.500/-, in default of payment of fine, 06 month additional RI.

Under Section 201 Rigorous imprisonment for 03 years & of the IPC. fine of Rs.200/-, in default of payment of fine, 01 month additional RI.

2. Case of the prosecution, in brief, is that the complainant Bhagirati alias Bhagirati Yadav (PW 03) had given a written missing report Exhibit P-01 in the Police Station- Kanker to the effect that he is a resident of village- Puriara, his daughter Kumari Bharti Yadav had left the house on 18/01/2020 at around 11.00 am to go to Sarona market, but has not returned home till today i.e. 27/01/2020, no information was received after inquiring at the nearby places and relatives' places. The prosecution's case further states that, based on the aforementioned information from the Complainant, a missing person report, number 07/2020, was registered by the Kanker Police Station. The case was taken up for investigation. During the investigation, the investigating officer, Hiteshwari Chelak, a female head constable (PW 29), obtained the call details of the mobile phone number 6261964711 of the missing person/deceased Mrs. Bharti Yadav. While investigating after getting the call details from the cyber cell, on 05/06/2020, Ishan's father Bhagrati Yadav, brother Jitendra Yadav and other villagers came to the police station and told that they were continuously searching for Bharti Yadav since 18/01/2020. During this, Bharti Yadav's elder sister Saras Bai Yadav, resident of Aadanbeda, Police Station- Keshkal, saw Bharti Yadav in the village-Bahigaon market and on investigation by her, it was found that she was staying with the accused Devchand Dhankar, resident of Anjani, on rent in the house of Kumari Taruna Maid of village-Bahigaon. On 05/07/2020, the family members and villagers went to village Bahigaon to inquire about Bharti Yadav, where Bharti Yadav was not found in the rented house. On asking the landlady Taruna, she stated that two months ago on 02/05/2020 at around 9.30 pm, the accused told that he had taken Bharti Yadav along with his Khalasi/accomplice accused Thanwar Yadav.

3. On suspecting the accused Devchand Dhankar, the complainant came to the police station and told the above fact. On 06/07/2020, accused Devchand Dhankar was called to the police station and on detailed questioning, he admitted to killing Bharti Yadav in front of Bharti Yadav's family members, villagers of village-Puriara, witnesses Saradhu Ram, Shekhar Yadav and burying her body in the sand under the Turi river bridge after slitting her throat. M.D. Deshmukh, Inspector (PW 30) interrogated the accused in front of witnesses Shekhar Yadav, Saradhu Ram and Devchandra and recorded his memorandum statement Exhibit P. 09 as above.

4. After knowing the above fact, M.D. Deshmukh, Inspector (PW 30)

gave letter Exhibit P. 40, 49 to Sub-Divisional Officer (Revenue) Kanker to appoint an Executive Magistrate for the process of exhumation of the body and to get the