Digitally signed 2025:CGHC:60216-DB SAIFAN by KHAN SAIFAN NAFR KHAN HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No. 912 of 2017 [Arising out of judgment dt. 05.05.2017, passed in Session Trial No.09/2015 (State of Chhattisgarh v. Santosh Sahu) by the Additional Sessions Judge, Khairagarh, District Rajnandgaon (CG)]

Santosh Sahu, S/o Kanhaiya Sahu, aged about 40 years, R/o Village- Kodka, Police Station- Chhuikhadan, District Rajnandgaon, (Chhattisgarh)

... Appellant Versus State of Chhattisgarh, through District Magistrate, Rajnandgaon, District Rajnandgaon (Chhattisgarh)

... Respondent [Cause-title taken from Case Information System (CIS)]

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For Appellant : Ms. Indira Tripathi, Advocate For Respondent-State : Mr. Vivek Mishra, Panel Lawyer -----------------------------------------------------------------------------------------------

Division Bench Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Sachin Singh Rajput Judgment on Board (11.12.2025)

Sanjay K. Agrawal, J (1) Invoking criminal appellate jurisdiction of this Court, the sole appellant herein has preferred this criminal appeal under Section 374(2) of Cr.P.C., calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dt. 05.05.2017, passed in Session Trial No.09/2015 (State of Chhattisgarh v. Santosh Sahu) by the Additional Sessions Judge, Khairagarh, District Rajnandgaon (CG), whereby he has been convicted for offence under Section 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.1,000/- and, in default of payment of fine, sentenced to undergo additional rigorous imprisonment for 01 month.

(2) The case of the prosecution, in short, is that on 28.04.2015, at about 11:45 PM, in the house of Kanhaiya Sahu, situated at Village Kodka, which comes within the ambit of Police Station Chhuikhadan, District Rajnandgaon (CG), the accused-appellant herein assaulted his younger brother’s wife, namely, Mangleen Bai (hereinafter referred to as the “deceased”) by means of axe, due to which, the deceased suffered grievous injuries and died and, thereby, said to have committed the aforesaid offence.

(3) It is further case of the prosecution that when the matter was reported to the police by Kanhaiya Sahu (father of the appellant), FIR (Ex.P/09) has been registered and wheels of investigation started running, in which, summons under Section 175 of CrPC were sent vide Ex.P/04 and inquest proceedings were conducted vide Ex.P/03. Nazari Naksha was also prepared vide Ex.P/05. The dead- body of the deceased was sent for postmortem examination, which was conducted by Dr. S.R. Mandavi (PW-19) and, as per PM report (Ex.P/14), it has been opined that cause of death is shock due to rupture of brain, excessive bleeding due to brain damage and nature of death is homicidal in nature. The appellant-accused was arrested vide Ex.P/08 and his memorandum statement was recorded vide Ex.P/01. Pursuant to the memorandum statement of the appellant, weapon of the offence i.e. axe has been seized vide Ex.P/02. Certain other articles were also seized vide Ex.P/06 & Ex.P/07 respectively. Thereafter, the seized articles were sent for chemical examination and, as per FSL report (Ex.P/16), it has been opined that stains of blood were found on the axe seized pursuant to the memorandum statement of the appellant. After statements of witnesses were recorded and due investigation, the police filed charge-sheet against the appellant in the competent criminal court having jurisdiction and, thereafter, the case was committed to the Court of Sessions for hearing and trial in accordance with law, in which the appellant/accused abjured his guilt and entered into defence by stating that he is innocent and has been falsely implicated.

(4) The prosecution in order to prove its case examined as many as 20 witnesses and exhibited 16