2025:CGHC:59019-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally BABLU signed by RAJENDRA BABLU BHANARKAR RAJENDRA BHANARKAR CRA No. 1026 of 2022 Myaram Gilhare S/o Late Manrakhan Gilhare Aged About 56 Years R/o Village Dhaneli, Police Station Mujgahan,, District : Raipur, Chhattisgarh ... Appellant versus State Of Chhattisgarh Through - Station House Officer, Police Station Mujgahan, District : Raipur, Chhattisgarh ... Respondent For Appellant : Mr.Arun Kumar Shukla, Advocate For Respondent : Mr.Shashank Thakur, Deputy Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Smt. Rajani Dubey, Judge Judgment on Board Per Ramesh Sinha , Chief Justice

05/12/2025

1. This criminal appeal preferred under Section 374(2) of the Cr.P.C is against impugned judgment of conviction and order of sentence dated 31.03.2022 passed in Sessions Trial No.230//2021 by the learned Third Additional Sessions Judge, Raipur, District Raipur, C.G., whereby the appellant has been convicted and sentenced as under:-

Conviction Sentence U/s 302 of the IPC Life Imprisonment and fine of Rs.

500/- with default stipulation.

2. Case of the prosecution in brief is that on 21^st November, 2020, Rupendra Todar, the complainant, informed the police at Mujgahan station about the sudden and unnatural death of his brother, Kiran Todar vide Ex.P-11. The police were informed that his uncle (Fufa), Mayaram Gilhare, had struck Kiran with an axe. Upon reaching the Gouthan area of the village with villagers Vinay Gendre, Sarpanch Sandeep Verma, Deputy Sarpanch Mohan Chakdhari, and Deepak Ratre, they found Kiran lying in a pool of blood in the watchman's room. There were injuries on his head and neck, with blood on the wall. It appeared he had died on the spot. There had been a prior dispute between Kiran and Mayaram over watchman duties, as Mayaram was not performing his duties properly due to drinking, leading the Sarpanch to suspend him. The dispute had escalated in the days leading up to the incident. The police registered the FIR vide Ex.P-12. Inquest was prepared over the body of the deceased vide Ex.P-2. Memorandum statement of the appellant was recorded vide Ex.P-3 and on the basis of his memorandum statement, axe was seized at the instance of the appellant from the place of incident vide Ex.P-4. Bedsheet and bloodstained soil were seized from the spot vide Ex.P-5. The appellant was arrested on 21.11.2020 vide arrest memo Ex.P-6. Spot map was prepared by the patwari vide Ex.P-10. Investigating officer also prepared the spot map vide Ex.P-13. Dead body of the deceased was sent for postmortem to the Medical College, Raipur where Dr.Utkarsh Tripathi (PW-13) conducted postmortem vide Ex.P-15 and found following injuries:-

“1. Lacerated wound of size 3.5cm x 0.7cm x bone deep obliquely press with lower end on medial side on left forehead, 5cm from eyebrow with contused margins.

2. Lacerated wound of size 6cm x 2cm x bone deep present vertically just lateral to right eye with contused margins.

3. Lacerated wound of size 5cm x 1.5cm x tissue deep present obliquely with lower end posteriorly on helix of right ear along with skin behind it with contused margins.

4. Lacerated wound of size 4cm x 2cm x bone deep present obliquely with lower end laterally on right side of mandible with contused margins, with mandible with contused margins.

5. Abrasion wound of 4cm x 2cm present on left side of neck of dark red colour, with lacerated wound of 2cm x 1cm x neck tissue deep beneath it present obliquely with lower end medially, present

5cm from left angle of mandible.

6. Abrasion wound of 1cm x 1cm present on left side of forehead of dark red colour.

7. Multiple abrasion wound of 1cm x 1cm present on dorsum of right hand of dark red colour.

8. Multiple abrasion wound of 1cm x 1cm present on left wrist of dark red colour.

9. Lacerated wound of size 2cm x 1cm x bone deep present on right elbow.”

The doctor has opined that cause of death was head injuries and its complications and man