2025:CGHC:58342-DB Digitally signed by SISTA NAFR SISTA SOMAYAJULU SOMAYAJULU Date:

2025.12.03

18:00:51 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530 CRA No. 501 of 2017 {Arising out of judgment dated 28-2-2017 in Sessions Trial No.31/2016 of the 1^st Additional Judge to the Court of 1^st Additional Sessions Judge, Raipur}

Vijay Lal Sahu, S/o Punit Ram Sahu, aged about 37 years, R/o Nehru Chowk, Sarora, Police Station Urla, District Raipur, Chhattisgarh.

... Appellant versus State of Chhattisgarh, Through Station House Officer, Police of Police Station Urla, District Raipur, Chhattisgarh.

... Respondent For Appellant : Mr. T.K. Jha and Mr. Rohan Kumbhare, Advocates.

For Respondent : Mr. Amit Buxy, Panel Lawyer.

Division Bench: -

Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Sanjay Kumar Jaiswal, JJ.

Judgment On Board (02/12/2025)

Sanjay K. Agrawal, J.

1. The sole appellant herein has preferred this appeal under Section

374(2) of the CrPC calling in question legality, validity and correctness of the impugned judgment of conviction & order of sentence dated 28-2-2017 passed by the 1^st Additional Judge to the Court of 1^st Additional Sessions Judge, Raipur in Sessions Trial No.31/2016, by which he has been convicted for offences under Sections 302 & 201 of the IPC and sentenced to undergo imprisonment for life & pay a fine of ₹ 100/-, in default of payment of fine to further undergo additional rigorous imprisonment for one month and rigorous imprisonment for seven years & fine of ₹ 100/-, in default of payment of fine to further undergo additional rigorous imprisonment for one month, respectively, with a direction that both the sentences shall concurrently.

2. Case of the prosecution, in short, is that in the night of 28-10-2015 at Village Urla, District Raipur, the appellant caused injuries to his wife Dhaneshwari Sahu by a sharp-edged weapon by which she suffered grievous injuries and died, and thereby committed the offence. It is the further case of the prosecution that at the time of offence, Vishnu Sahu (PW-1) – brother of the accused, Yashwant Sahu (PW-3) – another brother of the accused, Hembai (PW-2) – mother of the accused and Vikas Sahu (PW-6) – son of the accused, were present in in the house. Dehati Nalsi were recorded vide Ex.P-1 by Vishnu Sahu (PW-1) against unknown person. Zero merg was registered vide Ex.P-11 and numbered merg was registered vide Ex.P-17. FIR was registered against unknown person vide Ex.P-16 for the offences punishable under Sections 324 & 307 of the IPC. Crime details form Ex.P-20 was prepared by the Investigating Officer and spot map Ex.P-2 was prepared by the Patwari. Inquest was conducted on the dead body of deceased Dhaneshwari Sahu vide Ex.P-6. Dead body of the deceased was subjected to postmortem and postmortem was conducted by Dr. Snigdha Jain (PW-22) vide Ex.P-28 who found as many as seven stab injuries over multiple parts of the body like near right eye, lower part of chest, right side of chin, below outer lower right breast, right lateral abdomen, right elbow (bone deep) and three incised wounds. Cause of death was stated to be shock and haemorrhage caused by multiple stab wounds and that incised wounds No.4 & 5 were sufficiently fatal to cause death in ordinary course of nature, and nature of death to be homicidal. The accused was arrested vide Ex.P-15 and his memorandum statement was recorded vide Ex.P-13 pursuant to which weapon of offence iron patasi (chisel) was seized from him vide Ex.P-14. Seized articles were sent for chemical examination to the Forensic Science Laboratory, Raipur from where report Ex.P-24 was received according to which blood was found on Article A – patasi (chisel). The accused/appellant was medically examined vide Ex.P-30 by Dr. (Smt.) A. Dutt (PW-23) who found as many as eleven incised wounds on his body out of which injuries No.1 & 2 were grievous in nature.

3. Statements of the witnesses were recorded under Section 161 of the CrPC. After usual investigation, the accuse