2025:CGHC:61154-DB RAVVA UTTEJ KUMAR RAJU NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR The date when The date when The date when the the judgment is the judgment is judgment is uploaded on reserved pronounced the website Operative Full

24.09.2025 16.12.2025 -- 16.12.2025 CRA No. 957 of 2015

1 - Chandrahas S/o Om Prakash Darshan, aged about 29 years, R/o Village- Bhadripali, P.S.- Kharsiya, Civil and Revenue District- Raigarh, (C.G.).

2 - Hemlata Darshan W/o Late Hari Shankar Darshan, aged about 80 years, R/o Village- Bhadripali, P.S.- Kharsiya, Civil and Revenue District-

Raigarh, (C.G.)

--- Appellants Versus State of Chhattisgarh, through District Magistrate Raigarh, District Raigarh, (C.G.) --- Respondent CRA No. 1791 of 2018

1 - Om Prakash Darshan S/o Late Shri Harishankar Darshan, aged about 60 years, Occupation- Agriculture, R/o Village- Bhadripali, Police Station-

Kharsiya, Civil and Revenue District- Raigarh, (C.G.)

2 - Smt. Ratna Bai Darshan W/o Shri Om Prakesh Darshan, aged about

50 years, R/o Village- Bhadripali, Police Station- Kharsiya, Civil and Revenue District- Raigarh, (C.G.)

3 - Vivek Kumar Darshan S/o Shri Om Prakash Darshan, aged about 27 years, R/o Village- Bhadripali, Police Station- Kharsiya, Civil and Revenue District- Raigarh, (C.G.)

---Appellants Versus State of Chhattisgarh, through Station House Officer, Police Station-

Kharsiya, Tahsil- Kharsiya, District- Raigarh, (C.G.)

--- Respondent (Cause title is taken from Case Information System software)

For Respective : Ms. Indira Tripathi and Ms. Deepali Pandey, Appellants Advocate.

For State : Mr. Vivek Mishra, Panel Lawyer.

Hon’ble Smt. Justice Rajani Dubey &

Hon’ble Shri Justice Amitendra Kishore Prasad (C A V Judgment)

Per Rajani Dubey, J

1. Both these appeals are filed under Section 374(2) of Code of Criminal Procedure, 1973 by the appellants in CRA No. 957 of

2015 against the judgment of conviction and order of sentence dated 10.07.2015 passed by the learned 2^nd Additional Sessions Judge, Raigarh (C.G.) in Sessions Trial No. 167/2014 and the appellants in CRA No. 1791 of 2018 against the judgment of conviction and order of sentence dated 26.11.2018 passed by the learned 2^nd Additional Sessions Judge, Raigarh (C.G.) in Sessions Trial No. 656/14, both the cases are arising out of the same incident and same crime no. i.e., 173/14, they are heard analogously and being disposed of by this common judgment.

2. Admitted facts of the case is that the deceased Anita is the daughter of Gopal Singh and wife of the accused Chandrahas.

3. The prosecution story, in brief, is that an oral report was filed by Om Prakash Darshan (Father-in-law of the deceased) at Kharsia Police Station stating that his daughter-in-law, the deceased, Anita Darshan, had committed suicide by hanging herself on 27/04/2014. Based on this information from Om Prakash Darshan, morgue was registered. During the inquest, a spot map was prepared. A Panchnama (inquest report) was prepared and the body was sent for post-mortem examination. The post-mortem examination revealed the cause of death to be suicide, leading to a criminal case being registered against the accused persons.

4. During the investigation, statements of the witnesses were recorded. A spot map of the incident was prepared. Incriminating material was seized from the spot. Evidence of crime was found against accused Chandrahas and Hemlata and they were arrested.

Following a thorough investigation, a charge sheet was submitted to the court of the Sessions Judge, Raigarh, for trial against accused Om Prakash Darshan, Vivek Kumar Darshan, and Ratnabai Darshan for absconding and the case was committed to the 2^nd Additional Sessions Judge Raigarh (C.G.) for offence under Sections 304B/34 and Section 304B/149 against the accused persons/appellants.

5. So as to hold the accused/appellants guilty, the prosecution has examined as many as 17 witnesses. However, one defence witness was examined by the appellants in their defence. Statements of the accused/appellan