2025:CGHC:57746-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 858 of 2024 Joga Kunjam S/o Late Bhima Kunjam Aged About 24 Years R/o Village Bayampal, Kachchipara, Police Station - Kirandul, District Dantewada (Chhattisgarh)

... Appellant versus State Of Chhattisgarh Through Station House Officer Police Station Kirandul, District Dantewada (Chhattisgarh)

... Respondent(s)

For Appellant : Mr. Sourabh Dangi and Ms. Palak Dwivedi, Advocates.

For Respondent : Mr. Soumya Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

27/11/2025

1 This criminal appeal is directed against the judgment of conviction and order of sentence dated 22.03.2024 passed by the the learned Sessions Judge, Dakshin Bastar, Dantewada, in Sessions Trial No. 232/2019 whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code (for short, the IPC) and sentenced to undergo rigorous imprisonment for life with fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for 2 months.

2 Today, the matter is listed for hearing on IA No. 1/2024, application for suspension of sentence and grant of bail, however, with the consent of learned counsel for the parties, the matter is heard finally.

3 The appellant was charged under sections 294, 506, 302 of the IPC alleging that on 21.08.2019 at about 06.30 p.m., in village Bayampal Kachhipara, he caused annoyance to Hunga Kunjam (hereinafter referred to as ‘the deceased’) by abusing his mother and sister, and threatened to kill him and committed criminal act. He caused terror and with the intention of killing the deceased, he slit his throat with a saw-like knife while he was sleeping and killed him.

4 The case of the prosecution is that on 21.08.2019 at around 6.30 p.m., the appellant, under the influence of alcohol, came to the house of complainant-Raju Kunjam and started an argument with him regarding land. He abused his mother and sister, saying that he had usurped his land, and threatened to kill him if he places his foot on his land. On the same day at around 7.00 pm, the deceased brought bamboos from the forest. After that, he, Raju Kunjam, his wife, sister and son had dinner, and the complainant Raju Kunjam, his wife and children went to sleep in another room. At around 8.00 p.m., the appellant with an intention of killing the deceased, brought a knife and entered the house of the complainant Raju Kunjam and slit the throat of his father Hunga Kunjam while he was sleeping, due to which his father's respiratory tube (trachea) was cut. The deceased went to the house of Gango who lived in the neighbourhood, holding his throat and the knife. When Gango asked him, he nodded his head and told the name of the person who stabbed him, as Joga, the appellant. The complainant’s father was brought to Bacheli Hospital and admitted from where he was referred to Dimrapal for treatment. He was discharged on 18.09.2019 after treatment. After returning home, the deceased died on 24.10.2019.

5 On the information of the complainant-Raju Kunjam, FIR (Exhibit P/1) of the incident was registered by Police Station, Kirandul on 22.08.2019 and Crime No. 74/2019 for the offences under Sections 294, 506 and 307 of IPC. Later, when the deceased died during course of treatment, on the information of Santosh Kunjam, the merg intimation (Exhibit P/3) was registered by Police Station, Kirandul under Section 174 of Cr.P.C on 24.10.2019. During the investigation, inquest (Exhibit P/5) was prepared. A map of the scene of the incident was also prepared. The postmortem (Exhibit P/27) of the body was got conducted by the Dr. Gajendra Shakya (PW-11). Blood-soaked soil, plain soil, and the knife were seized from the scene of the incident and a seizure memo was prepared. Two CDRs and the videographer's certificate were seized and a seizure memo was prepared. The victim's bedhead tic