2025:CGHC:57143-DB Digitally signed by ANKIT A K N UM KI A T R NAFR KUMARSINGH SINGH Date:

2025.11.26 16:15:58 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 741 of 2017 [Arising out of judgment dated 08.03.2017 passed in Sessions Trial No.16/2016 by the Sessions Judge, South Bastar Dantewada, Chhattisgarh.]

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Podiyami Kosa S/o Late Linga, aged about 37 years, R/o Village Gudra, Premapara, Chowki Chhindgarh, District Sukma, Chhattisgarh.

... Appellant versus 

State of Chhattisgarh Through Station House Office, Police Station Sukma, District Sukma, Chhattisgarh.

... Respondent For Appellant :- Mr. Aditya Khae, Advocate.

For State-Respondent :- Dr. S.K. Dewangan, Panel Lawyer.

Division Bench Hon'ble Shri Justice Sanjay K. Agrawal &

Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board (25.11.2025)

Sanjay K. Agrawal, J

1. Assail in the present criminal appeal filed under Section

374(2) of the CrPC preferred by the appellant herein, is to the legality, validity and correctness of the judgment dated

08.03.2017 passed by the Sessions Judge, South Bastar Dandewada, Chhattisgarh, in Sessions Trial No.16/2016, by which the appellant herein has been convicted for offence under Section 302 of the IPC and sentenced thereunder to suffer imprisonment for life with fine of ₹100/-; in default of payment of fine, he has to undergo imprisonment for one year.

Prosecution story:-

2. The prosecution has projected the case during the course of trial that on 27.09.2015 at about 7:00 pm near Gudra Talab village, Police Station Chhindgarh, District Sukma, Chhattisgarh, the appellant murdered his brother Podiyam Hidma by assaulting him by leg and by drowning his head into the water. Against the said act of the appellant, merg intimation was registered vide Ex.P/9 on 28.09.2015 pursuant to which FIR was registered vide Ex.P/1. Crime details form and nazari naksha were prepared vide Exs.P/4 & P/15, respectively. Inquest proceedings (Ex,.P/2) were conducted and the dead body of the deceased was sent for postmortem. As per the postmortem report (Ex.P/14) proved by Dr. Amit Kumar (PW-8), cause of death was strangulation, mode of death was shock and nature of death was unnatural-homicidal. Wheels of investigation started running and the appellant was arrested. Pursuant to memorandum statement of the appellant (Ex.P/5), blood stained clothes of the appellant were seized vide Ex.P/6. Other articles were also seized. Seized articles were sent for chemical analysis to FSL however, FSL report has not been brought on record for the reasons best known to the prosecution.

3. After due investigation, appellant herein was charge-

sheeted for the aforesaid offence and the case was committed to the Court of Sessions for trial in accordance with law. The appellant / accused abjured his guilt and entered into defence.

4. In order to bring home the offence, prosecution has examined as many as 11 witnesses and exhibited 18 documents, whereas, defence, in support of its case, has examined 1 witness and exhibited 3 documents. The statement of the appellant / accused was recorded under Section 313 of the CrPC in which he denied the circumstances appearing against him in the evidence brought on record by the prosecution, pleaded innocence and false implication.

5. The learned trial Court after appreciating the oral and documentary evidence available on record, convicted the appellant / accused for the offence as mentioned in the opening paragraph of the judgment, against which the instant appeal has been preferred by the appellant herein questioning the impugned judgment of conviction and order of sentence.

Submission of the Parties:-

6. Mr. Aditya Khare, learned counsel for the appellant, would submit that the trial Court is absolutely unjustified on convicting appellant for offence in question. He would also submit that on the basis of statements of Podiyami Konda (PW-6), Podiyami Budhari (PW-7) and Podiyami Aayte (PW- 10) theory of last seen together is not established and even th