2025:CGHC:59661-DB NAFR RAHUL JHA HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by RAHUL JHA Date: 2025.12.11 10:23:45 +0530 CRA No. 1079 of 2018 Sanaram Tirky S/o Buddhuram Tirky Aged About 55 Years R/o Village Kadamdhodhi, Goheshilar, Police Station Kapu, Tahsil Dharamjaigarh, District Raigarh Chhattisgarh, Chhattisgarh Appellant(s)

Versus State Of Chhattisgarh Through The Station House Officer, Police Station Kapu, District Raigarh Chhattisgarh, Chhattisgarh Respondent(s)

(Cause-title taken from Case Information System)

For Appellant(s) : Mr. G.V. Kutumba Rao, Advocate For Respondent(s) : Mr. Shashank Thakur, Dy. AG Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Bibhu Datta Guru , Judge

09/12/2025

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 19/02/2018, passed by the learned Sessions Judge, Raigarh, (C.G.) in Sessions Trial No. 73/2016, 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 the daughter of Meri Ekka (PW9), namely Anita Tirki (PW2), was married to Chaitram @ Rahatu, son of the accused Sanaram Tirwa. The deceased, Vimal Kujur, was the nephew of Meri Ekka (PW9), while the accused Sanaram was related to her as a samdhi. At the time of the incident, Meri Ekka (PW9) had gone with her son Anil Ekka and her nephew Vimal Kujur to visit Anita at her matrimonial home, where her husband Chaitram and father-in-law Sanaram resided. They had lunch at the house of the accused. At about 5:00 p.m., the accused demanded ₹100 from Vimal, which Vimal gave. Later in the evening, when Vimal, Meri Ekka and Anil went to the courtyard of Chaitram for dinner, a quarrel ensued between Anil Ekka and Chaitram, during which Anil slapped Chaitram twice. Vimal intervened to pacify the situation. At that moment, the accused Sanaram, saying that his son was being assaulted, initially arrived with a tangi and returned home, but shortly thereafter came running back uttering threats to kill, and stabbed Vimal Kujur in the abdomen with a knife, causing him to fall to the ground. The incident was witnessed by Meri Ekka (PW9), Anita Tirwa (PW2) and Anil Ekka. The injured Vimal was first taken to Dharamjaigarh Hospital for primary treatment and thereafter referred to the District Hospital, Raigarh. On receiving information, SI R.N. Rathiya (PW5) recorded the injured’s statement and prepared the dehati nalisi (Ex. P-11), followed by registration of a zero FIR at City Kotwali, Raigarh (Ex. P-13), which was subsequently transferred to Police Station Kapu where Crime No. 15/2016 was registered (Ex. P-15). On 07.02.2016, Vimal Kujur succumbed to his injuries during treatment. Based on the hospital intimation (Ex. P-17), merg intimation (Ex. P- 18) was registered, inquest was conducted, the body was sent for postmortem, the spot map was prepared, and plain and blood-stained soil were seized. The Tehsildar was directed to have the site map prepared through the Patwari. The statement of Anita Tirwa under Section 164 Cr.P.C. was recorded. On 08.02.2016, the memorandum of the accused (Ex. P-07) was recorded, leading to the recovery of the knife used in the offence (Ex. P-08), which was also sent for medical examination. The medical papers relating to Vimal’s treatment were seized, and all seized articles were forwarded to the Forensic Science Laboratory for chemical examination. Upon completion of investigation, the charge-sheet was filed against the accused. 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