Digitally signed 2025:CGHC:56488-DB by AVANISH KUMAR PATHAK Date:

2025.11.24 NAFR

18:11:51 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 571 of 2023

1 - Bhagirathi Manhar S/o Chaitram Aged About 57 Years R/o Village Mulmula, Police Station Mumula, District Janjgir Champa Chhattisgarh

2 - Kamlesh Manhar S/o Bhagirathi Manhar Aged About 30 Years R/o Village Mulmula, Police Station Mumula, District Janjgir Champa Chhattisgarh

3 - Savitri Manhar W/o Bhagirathi Manhar Aged About 50 Years R/o Village Mulmula, Police Station Mumula, District Janjgir Champa Chhattisgarh

4 - Suresh Kumar Manhar S/o Bhagirathi Manhar Aged About 28 Years R/o Village Mulmula, Police Station Mumula, District Janjgir Champa Chhattisgarh ... Appellants versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station Mumula, District Janjgir Champa Chhattisgarh ... Respondent For appellants : Ms. Nirupma Bajpai, Adv.

For Respondent : Mr. Nitansh Jain, PL. Hon’ble shri Ramesh Sinha, Chief Justice Hon’ble Shri Naresh Kumar Chandravanshi, Judge Judgment on Board Per Naresh Kumar Chandravanshi, J.

20/11/2025

1. This criminal appeal under Section 374(2) of the Cr.P.C. has been preferred by the appellants/accused against the judgment of conviction and order of sentence dated 4-3-2023 passed by the 2^nd Upper Sessions Judge, Janjgir, Distt. Janjgir-Champa (CG) (henceforth referred to as ‘trial Court’) in Sessions Trial No. 2/2020, whereby each of the appellants has been convicted under Section 307/34 of the Indian Penal Code and sentenced to undergo imprisonment for life, to pay fine of Rs. 5,000/- each, and in default of payment of fine, to further undergo RI for 6 months.

2. The case of the prosecution, in brief, is that on 23.09.2019, the complainant Dileshwar Manhar lodged a first information report (Ex. P- 2) in the police station Mulmula that on 23.09.2019 at around 7.00 pm, the accused were abusing saying that they are flowing the dirty water of the house, then his father Vijay Manhar objected the accused from abusing, then accused Bhagirathi Manhar asked to kill him (complainant's father) and the accused Bhagirathi caught his father's hand, co-accused Kamlesh Manhar and accused Savitri also caught complainant’s father and accused Suresh took out a knife from his waist and attacked his father with the intention of killing him. On the information of the complainant Dileshwar Manhar (P.W. 3), the Mulmula police station registered crime number 174/2019 and filed a first information report (Ex. P-2). On 27.09.2019, on the basis of a memorandum statement of accused Suresh Manhar, the knife used in the crime was seized as per Ex.P-9. The accused persons were arrested. A site map (Ex. P-3) of the crime scene was prepared. The blood-stained T-shirt worn by the injured Vijay Manhar (P.W. 1) at the time of the incident was seized as per seizure paper Ex. P-1. Statements of prosecution witnesses were recorded under Section 161 of the Cr.P.C. The injured was medically examined by Dr. Rashmi Dahire, who found following injuries on the body of the injured :-

(i) Stab wound on lower side of abdomen sixe 2 x 2 x 2 cm, caused by sharp and pointed object.

(ii) abrasion on chest size 8 x 0.2 cm, caused by hard and pointed object;

(iii) Cut in upper left chest size 2 x 2 cm , caused by hard and sharp edged object.

The seized knife Article ‘A’ and T Shirt Article ‘B’ were sent to the FSL, Bilaspur in which vide report Ex. C-1, blood was reported to be found.

3. After completion of investigation, the charge sheet was filed before the Judicial Magistrate First Class, Pamgarh, District Janjgir-Champa from where the case was committed to the learned Sessions Judge, Janjgir- Champa, who transferred the case to learned trial Court for trial. Learned trial Court framed charges under Sections 294 and 307 read with Section 34 of the IPC against the appellants/accused, who abjured their guilt and claimed trial.

4. In order to bring home the guilt of the appellant/accused, the prosecut