2025:CGHC:58388 SOURABH BHILWAR NAFR SOURABH BHILWAR HIGH COURT OF CHHATTISGARH AT BILASPUR Date: 2025.12.06 11:47:04 +0530 CRA No. 814 of 2004

1. Ranjay Prasad, Son of Vindeshwari Prasad Kurmi, aged about 24 years

2. Ram Babu, Son of Vindeshwari Prasad Kurmi, aged about 20 years (both are resident of village: Chamanpur, Police Station: Baikunthpur, Distt : Gopalganj, (Bihar) present resident at : Shivajinagar Khursipar, Police Station : Chhawni, Distt: Durg-CG)

... Appellant(s)

versus State Of Chhattisgarh through the Police Station: Chhawni, District : Durg-

C.G.)

... Respondent(s)

(Cause-title taken from the Case Information System)

For Appellant(s) : Mr. V. K. Pandey, Advocate For Respondent(s) : Mr. U.K.S. Chandel, Dy. Advocate General Hon'ble Shri Justice Bibhu Datta Guru Judgment on Board

02/12/2025

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 21.09.2004 passed in Sessions Trial No. 14/2003 by the learned First Additional Sessions Judge Durg, C.G., whereby the appellants have been convicted and sentenced as under:-

Conviction Sentence U/s 304-II of the IPC Rigorous imprisonment for 03 years and fine of Rs. 500/- (each) with default stipulation.

2. Case of the prosecution in brief is that on the morning of 10.09.2002, the deceased Sonu alias Riyazuddin was proceeding towards the locality where his sister resided. On the way, he felt to attend the nature’s call and therefore, moved towards the rear side of Baba Baijnath Welding Works to relieve himself. His sister Noorjahan, carrying a container of water from the house, followed him. Upon reaching the spot, it was found that near the shop of Baba Baijnath Welding Works, a pile of iron and live electric wires were lying scattered. Sonu came into contact with the said live electric wires and was found lying there, dead. His cheeks and skin were burnt due to the electric current, and he succumbed to the electrocution on the spot. On witnessing her brother lying unconscious, Noorjahan immediately rushed home and informed their mother. The mother reached the spot, and soon a crowd gathered after knowing about the incident. The incident was reported at the concerned police station. The police conducted the inquest proceedings and seized the electric wires, conducted the inquest of the dead body; and sent the body for post-mortem examination.

3. During investigation, Spot Map was prepared. Statements of the prosecution witnesses were recorded. Subsequently after completing the investigation, a charge-sheet was submitted before the competent jurisdictional Court. After framing the charges against the accused/ appellants, the charges were read out and explained to the appellants, they denied committing the crime and demanded trial.

4. In order to bring home the offence, the prosecution has examined 10 witnesses in its support. Statement of the accused/ appellants under Section 313 Cr.P.C was recorded, wherein they have pleaded their innocence and false implication in the matter.

5. The trial Court after appreciating oral and documentary evidence available on record, by its judgment dated 21.09.2004 convicted and sentenced the appellants as mentioned in paragraph one of this judgment.

Hence, this appeal.

6. Learned counsel for the appellants submits that the appellants have been falsely implicated in the present case. He would submit that the conviction against the appellants is bad in law and it is not supported by the evidence of the prosecution beyond reasonable doubt. He would submit that while passing the impugned judgment, the trial Court failed to appreciate the fact that there are material contradictions and omissions in the statements of the prosecution witnesses. Learned counsel further submits that admittedly there is no eye-witness to the incident and the entire prosecution case is based only on weak and unproved circumstantial evidence. It is urged that the mother and sister of the deceased