2025:CGHC:59964-DB NAFR RAHUL JHA Digitally signed HIGH COURT OF CHHATTISGARH AT BILASPUR by RAHUL JHA Date: 2025.12.12 11:14:53 +0530 CRA No. 347 of 2025 Samaar Singh Bhaina S/o Lt. Shri Bhajan Singh Panika Aged About 62 Years R/o Village Nawapara, Thana Gaurela, District Gaurela-Pendra-Marvahi, Chhattisgarh. Appellant(s)

Versus State Of Chhattisgarh Through Police Station Gaurela, District Gaurela-

Pendra-Marvahi, Chhattisgarh.

Respondent(s)

(Cause-title taken from Case Information System)

For Appellant(s) : Mr. Hanuman Prasad Agrawal, Advocate For Respondent(s) : Mr. Shangarsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Bibhu Datta Guru , Judge

10/12/2025

1. This criminal appeal filed by the appellant/accused under Section 374(2) of the Criminal Procedure Code, 1973 is directed against the impugned judgment of conviction and order of sentence dated 23/12/2024, passed by the learned Additional Sessions Judge, Pendraroad, Bilaspur (C.G.) in Sessions Trial No. 10/2022, whereby the appellant has been convicted and sentenced as under:

Conviction under Section Sentence U/s 302 of the Indian Penal Life Imprisonment and fine of Rs.

Code 1,000/-, with default stipulation.

2. Case of the prosecution in brief is that on 05.11.2021, complainant Santosh Karsayal lodged a report at Police Station Gaurela alleging that on the previous evening, i.e., 04.11.2021 at about 6:30 p.m., he had gone to a nearby temple-side shop to purchase some items when Aditya came there and informed him that his grandmother-in-law, Shyama Bai, was lying inside the house in a pool of blood. The complainant immediately returned home with him and, on inquiring from his father-in-law, Samaar Singh (Appellant herein), he was informed that their neighbour, accused Santosh Rajak, had come to the house carrying a bottle of mahua liquor, which he, Sanotsh Rajak and Shyama Bai consumed together. During this, Santosh Rajak allegedly told Samaar Singh to slap Shyama Bai twice, and upon his doing so, he himself became enraged and, with an intention to kill, struck Shyama Bai multiple times with a tangiya (axe-like weapon) on her right temple, head and ear, causing severe injuries. At that time, Sati Bai Karsayal and Aditya were present inside the house and witnessed the incident, and neighbours also arrived upon hearing the commotion. The injured Shyama Bai was taken in an 108 ambulance to the District Hospital, Gaurela, from where she was referred to CIMS Hosptial, Bilaspur and thereafter admitted in serious condition at a Raipur hospital.

On the basis of the complaint, FIR No. 406/2021 under Section 307 IPC was registered (Ex. P-07). During investigation, medical requisitions were sent, site inspection and inquest proceedings were conducted, and a merg intimation was later registered after the death of Shyama Bai. The Investigating Officer prepared the spot map, seized blood-stained and plain soil from the place of occurrence, recovered a tangiya with a wooden handle at the instance of the accused Samaar Singh under his memorandum (Ex. P-15), collected preserved clothes of the deceased, sent all seized articles for FSL examination, obtained query reports and patwari map, and recorded the statements of witnesses. On completion of the investigation, a charge-sheet was filed before the Judicial Magistrate First Class, Pendraroad, and the case was committed for trial. The appellant abjured the guilt and entered into defense stating that he has not committed any offence and he has been falsely implicated. In order to bring home the offence, the prosecution examined as many as 20 witnesses and exhibited 27 documents.

3. The trial Court upon appreciation of oral and documentary evidence available on record, by its judgment dated 23/12/2024 convicted the accused/appellant for the offence punishable under Section 302 of the IPC and sentenced him as aforementioned, against which, this criminal appeal has been fi