Digitally signed by BHOLA B N H AT O H LA NATH KHATAI KHATAI Date:

2025.11.21 19:15:03 +0530

2025:CGHC:56268-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1719 of 2017

1 - Rajesh S/o Tukan Agaria Aged About 25 Years R/o Village Baryati Sarna, Village Badar, Thana Balrampur, District Balrampur - Ramanujganj Chhattisgarh

2 - Tukan Ram (Died And Deleted ) As Per Court Order Dated

29.08.2025 ... Appellants versus

1 - State Of Chhattisgarh Through Station House Officer Police Station Balrampur District Balrampur Ramanujganj Chhattisgarh ... Respondent For Appellant : Mr. N. K. Malaviya, Advocate For Respondent/State : Mr. Afroz Khan, Panel Lawyer Amicus Curiae : Mr. Rishi Rahul Soni, Advocate (Division Bench)

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswa l Judgment on Board (19.11.2025)

Sanjay K. Agrawal, J.

1. Appellant No.1 Rajesh and his father appellant No.2 Tukan Ram have jointly preferred this appeal under Section 374(2) of CrPC calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dated 11.09.2017 passed by the 2^nd Additional Sessions Judge, Ramanujganj of the Court of Additional Sessions Judge, Ramanujganj, District Sarguja (C.G.) in Sessions Trial No.R 37/2016, whereby the appellants have been convicted and sentenced in the following manner:-

[All the sentences were directed to run concurrently]

2. During the pendency of this appeal, Appellant No.2 Tukan Ram died, therefore, the appeal in respect of Appellant No.2 Tukan Ram stood abated. Now, the appeal, in so far as it relates to appellant No.1 Rajesh, is being decided by this judgment.

3. The case of prosecution, in short, is that complainant Badan Agaria and appellant No.2 Tukan Ram are real brothers. Deceased Keni Bai was the wife of the complainant Badan Agaria. The son of Appellant No.1 and grandson of Appellant No.2 died one year prior to the date of incident. The two appellants suspected that Keni Bai had played witchcraft on account which the son of appellant No.1 died. The further case of prosecution is that on 23.03.2016 at about 4 to 5 p.m., the appellants assaulted Keni Bai (deceased) with sticks by saying that she is a witch and they would not leave her alive, due to which Keni Bai suffered grievous injuries and died. When the complainant Badan Agaria tried to intervene, Appellant No.1 also assaulted him with a stick causing him injuries. On the information of the complainant Badan (PW-1), Dehati Nalsi Ex. P-1, Dehati Merg Intimation Ex. P-15 and Merg Intimation Ex.P-16 were recorded. FIR was registered vide Ex.P-17. Inquest was conducted vide Ex.P-4 and the dead body of deceased was subjected to postmortem, which was conducted by Dr. Premsai Tirkey (PW-10), who has proved the postmortem report (Ex. P-17A), in which, cause of death has been opined to be hypovolemic shock due to excessive bleeding as a result of head injury and death was homicidal in nature. Pursuant to memorandum statement of appellant No.1 (Ex.P/7), a wooden stick was seized vide Ex.P-9 and on the memorandum statement of appellant No.2 (Ex.P/8), a bamboo stick was seized vide Ex. P-10. After completion of investigation, the appellants were charge-sheeted for the aforesaid offence before the jurisdictional criminal court and the case was ultimately committed to the Sessions Court for trial and its disposal in accordance with law.

4. During the course of trial, in order to bring home the offence, the prosecution examined as many as 11 witnesses and exhibited 28 documents. The statements of accused/appellants were recorded under Section 313 of the CrPC in which they denied the circumstances appearing against them in the evidence brought on record by the prosecution, pleaded innocence and false implication. However, the accused-appellants have neither examined any witness nor exhibited any document in their defence.

5. Learned trial Court, after appreciation of the oral and documentary evidence available on r