2025:CGHC:58552-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 514 of 2017 Komal Bhimge S/o Basant Lal Bhimge, Aged About 26 Years R/o Village Badera Bahara, Kodwahi, Police Station Pendra, District Bilaspur, Chhattisgarh., Chhattisgarh --- Appellant(s)

versus State of Chhattisgarh Through Police Station Gourela, District Bilaspur, Chhattisgarh., Chhattisgarh --- Respondent(s)

CRA No. 515 of 2017 Basanta Yadav S/o Panch Ram Yadav, Aged About 27 Years R/o Village Majhgawan, Bazar Mohalla, Police Station Pendra, District Bilaspur, Chhattisgarh., Chhattisgarh ---Appellant(s)

versus State of Chhattisgarh Through The Police Station Gourela, District Bilaspur, Chhattisgarh., Chhattisgarh --- Respondent(s)

CRA No. 1147 of 2017 Shiv Kumar Naik S/o Late Govindram Naik, Aged About 35 Years R/o Village Andi, Naik Mohalla P. S. Pendra District Bilaspur Chhattisgarh., Chhattisgarh ---Appellant(s)

Digitally versus signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date:

2025.12.08 +0530 State of Chhattisgarh Through Police Station Gourela District Bilaspur Chhattisgarh., Chhattisgarh ---Respondent(s)

(Cause-title taken from Case Information System)

For Appellant(s) : Mr. Abhishek Sinha, Senior Advocate, assisted by Mr. Ghanshyam Patel, Advocate in CRA No. 1147/2017, Mr. Ashok Kumar Swarnkar, Advocate in CRA No. 514/2017 & Mr. Vijay Shankar Mishra, Advocate in CRA No. 515/2017.

For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

03 .12.2025

1. Since all the criminal appeals arise out of the same crime, they have been clubbed together, heard together, and are being decided by this common judgment.

2. Heard Mr. Abhishek Sinha, learned Senior Advocate, assisted by Mr. Ghanshyam Patel, learned counsel for the appellant in CRA No.1147 of 2017; Mr. Ashok Kumar Swarnkar, learned counsel for the appellant in CRA No. 514 of 2017; and Mr. Vijay Shankar Mishra, learned counsel for the appellant in CRA No. 515 of 2017. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the State/respondent in all the appeals.

3. These criminal appeals, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), are directed against the impugned judgment of conviction and order of sentence dated 21.03.2017 passed by the learned Additional Sessions Judge, Pendra Road, District Bilaspur (C.G.) in Sessions Trial No. 17 of 2016, whereby the appellants have been convicted and sentenced as under:

4. Brief facts of the case are that, on 10.03.2016, the Deputy Station Manager, South Central East Railway, Pendra Road, submitted a written report to the Station House Officer, Gaurela, stating that the dead body of an unidentified woman, approximately 32 years of age, was lying at Hari Venkatnagar Down Line, Kilometer 829/28. On the basis of this information, Gaurela Police Station registered Merg No. 0/16 under Section 174 of the Cr.P.C. The matter was thereafter taken up for investigation.

5. With regard to the unidentified female's dead body, a panchnama of the corpse, Ex.P/13, was prepared in terms of Ex.P/5 by Sub-Inspector S.B. Singh Parihar (PW-5). He also prepared an application, Ex.P/14, for conducting a postmortem examination at CHC Sanatorium, Gaurela. The medical officer, Dr. Bhagwan Singh Paikra (PW-6), conducted the postmortem and issued the report, Ex.P/14A. The report indicated that the woman had died due to a head injury and that the nature of death was homicidal. Consequently, on 19.03.2016, Inspector D.S. Rajput (PW-12) registered Ex.P/22, the First Information Report (FIR), against unknown persons for an offence under Section 302 of the IPC.

6. Since the woman remained unidentified and no information regarding her family could be ascertained, the body was buried. During investigation, Bhanwar Singh Vakre (PW-2), a resident of Gudumdevri, visited the police station, viewed the photographs of