2025:CGHC:57728-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 199 of 2025 AMARDEEP CHOUBEY

1 - Mukesh Kumar Sahu S/o Late Mohan Lal Sahu Aged About 29 Digitally signed by AMARDEEP CHOUBEY Years R/o Village Aamatola, Police Station - Ambagarh Chowki, District Date: 2025.11.28

11:42:07 +0530 Mohla-Manpur-Ambagarh Chowki, Chhattisgarh

2 - Basanti Sahu D/o Late Mohan Lal Sahu Aged About 34 Years R/o Village Aamatola, Police Station - Ambagarh Chowki, District Mohla-

Manpur-Ambagarh Chowki, Chhattisgarh ... Appellants versus The State of Chhattisgarh Through The Police Station Ambagarh Chowki, District : Mohla-Manpur-Ambagarh Chowki, Chhattisgarh …..Respondent ----------------------------------------------------------------------------------------

For Appellants : Mr. Veer Verma, Advocate For Respondent-State : Mr. S.S. Baghel, Dy. G.A.

-----------------------------------------------------------------------------------------

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

27.11.2025 This criminal appeal filed by the appellants-accused under Section

415(2) of BNSS, 2023 is directed against the impugned judgment of conviction and order of sentence dated 09/01/2025, passed by the learned 3^rd Additional Sessions Judge, Rajnandgaon, C.G. in Sessions Trial No. 04/2023, whereby the appellants-accused have been convicted and sentenced as under:-

For Accused Mukesh Kumar Sahu (A-1):

Both the sentences were directed to run concurrently.

For Accused Basanti Sahu (A-2):

Conviction Sentence Under Section 201/34 of the IPC R.I. for 7 years & fine of Rs.500/-, with default stipulation.

1. Brief facts of the case is that on 29.08.2022 at night, an altercation took place between the A-1 and his wife-Kiran Sahu (since deceased) regarding going to her maternal home for the Teeja festival. During the dispute, A-2, who is the sister-in-law of deceased, hold the head of the deceased and pressed it down, while A-1 strangulated her, due to which, the deceased died. Thereafter, they hanged her body from the roof in the courtyard shed using a gamchha (cloth), attempted to show it as a natural death. After committing the said act, the appellants were preparing for her last rites. Upon receiving information about the death, Narad Sahu, father of deceased PW-1, reached the spot and suspecting murder, then he went to the police outpost along with the village Kotwar Ramsai Sahare PW-3 and reported the incident. Based on this report, Merg was registered vide Ex.P-1. Spot map was prepared vide Ex.P-10. After due investigation, Memorandum statements of the appellants were recorded. The dead-body of deceased was sent for postmortem examination and in the postmortem examination report (Ex.P/19), Dr. Priyanka Jamdar (PW-11) opined that the cause of death was asphyxia due to throttling. After completing the investigation, the final report was prepared.

2. The prosecution in order to prove its case examined as many as

19 witnesses and exhibited 37 documents. Statement of the appellants under Section 313 of Cr.P.C. were recorded wherein they denied guilt.

3. The learned trial Court after appreciating the oral and documentary evidence available on record proceeded to convict the appellants herein for the aforementioned offence and sentenced them as mentioned herein-above against which this appeal has been preferred by the appellants-accused herein questioning the impugned judgment of conviction and order of sentence.

4. Learned counsel for the appellants would submit that the appellants have been falsely implicated in the present case. He submits that the dead body of deceased was found hanging outside the house i.e. in country yard and after completion of process as well as intimating whole villagers and relatives of the deceased, the dead body was prepared for funeral and in between, the father of the deceased came and raising the allegation of murder. Learned counsel submits that there is a possibilit