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15.09.2025 09.12.2025 -- 09.12.2025 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1043 of 2014

1. Guman Pal S/o . Rajauram, Aged About 29 Years R/o. Village-

Jangda, P.S. Bhatapara (Rural), District- Baloda Bazar-Bhatapara, Chhattisgarh

2. Parasram Pal S/o . Jivrakhan Pal, Aged About 33 Years R/o.

Village- Dongariya, P.S. Simga, District- Baloda Bazar-Bhatapara, Chhattisgarh ... Appellants versus • State of Chhattisgarh, through P.S.- Bhatapara City, District- Baloda Bazar-Bhatapara, Chhattisgarh ... Respondent/State For Appellant No. 1 : Mr. Adil Minhaj, Advocate.

For Appellant No. 2 : Mr. Rahil Arun Kochar with Mr. Leekesh Kumar, Advocate on behalf of Ms. Renu Kochar, Advocate.

For State : Mr. Afroz Khan, PL Hon'ble Smt Justice Rajani Dubey, J.

Hon’ble Shri Justice Amitendra Kishore Prasad, J.

C A V Judgment

Per , Rajani Dubey , Judge

1. This criminal appeal under Section 374(2) of the Cr.P.C. is directed against the impugned judgment and order of sentence dated 25.09.2014 passed by learned Additional Sessions Judge, Bhatapara, District Baloda Bazar- Bhatapara (C.G.) in Sessions Trial No. 12/2013, whereby and whereunder, the appellants have been held guilty of commission of offence and sentenced as described below:-

(Both sentences are directed to run concurrently)

2. The case of the prosecution, as unfolded from the impugned judgment and the records of the case that in the year 2010, the deceased Tikaram Pal had purchased a land and a house from Jivrakhan Pal for ₹12,50,000/- and had made a payment of ₹5,40,000/- to him. The accused Gumanpal, used the sold house to tie the cattle. A dispute arose as the said property was not registered property under the name of the deceased. Therefore, in this regard, a civil suit was filed in Court alleging that accused Gumanpal was not vacating the purchased house, resulting in animosity between the accused and the deceased. On 15.02.2013, Tikaram Pal came to Bhatapara to meet his lawyer regarding the civil suit, but he did not return home and therefore, a writtten report was filed at Police Station- Bhatapara City by the complainant- Muralidhar Pal (PW-1) vide Ex. P/4 alleging that he has strong suspicion towards the accused Parasram and Guman Pal regarding the abduction of his father. The police registered a case under Section 364 read with Section 34 of the Indian Penal Code, under Crime No. 56/13 against the accused. Accused Guman Pal, Parasram Pal, and Chintaram were taken into custody and interrogated as they were suspected persons, their statements were recorded wherein they have stated that they have strangulated Tikaram Pal to death and thereby dumped his body in a pond in the Chaurenga forest. Based on their statements (Exs. P/7, P/8 & P/9), on 25.02.2013, the body of the deceased was recovered from Chaurenga pond vide Ex. P/10. As per Ex.P/11, the deceased was tied up with a jute sack and a stone, a search was conducted of the same. Spot map of the incident was prepared by the police vide Ex. P/12 and Ex. P/13. A jute sack and a stone were seized from the spot and a motorcycle and a mobile phone were seized from the accused Parasram Pal vide Ex.P/15 and also a motorcycle, a mobile phone were seized from the accused Guman Pal vide Ex. P/16 and a mobile phone was seized from the accused Chintaram vide Ex. P/17. Thereafter, notices were issued to the witnesses for inquest vide Ex. P/1 and prepared the inquest report vide Ex. P/2. The application for post-mortem of the dead body of the deceased was given as per Ex.P/20A. Regarding the death of the deceased, a dehati morgue was registered vide Ex. P/22 and morgue was registered vide Ex. P/21. The clothes and viscera of the deceased were seized from constable Jugal Kishore vide Ex.P/23. The accused were arrested vi