2025:CGHC:55613-DB NAFR ANKIT Digitally signed by ANKIT KUMAR KUMAR SINGH Date: HIGH COURT OF CHHATTISGARH AT BILASPUR SINGH 2025.11.17

16:51:30 +0530 CRA No. 1877 of 2018 [Arising out of judgment dated 25.10.2018 passed in Sessions Trial No.01/2018 by the 3 r d Additional Sessions Judge, Janjgir, District Janjgir-Champa, Chhattisgarh.]

 Rakesh Kurre S/o Mahesh Ram Kurre, aged about 33 years, R/o Parsabhata Middle Gali, Police Station Baloda, District Janjgir Champa Chhattisgarh. ... Appellant versus  State of Chhattisgarh through Police Station Out Post Naila, Police Station Janjgir District Janjgir Chanmpa, Chhattisgarh.

... Respondent For Appellant :- Mr. Mirza Kaiser Baeg, Advocate.

For Respondent :- Mr. Pankaj Singh, Panel Lawyer.

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

Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgmen t On Boar d (14.11.2025)

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 25.10.2018 passed by the 3^rd Additional Sessions Judge, Janjgir, District Janjgir-Champa, Chhattisgarh, in Sessions Trial No.01/2018, 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 ₹10,000/-; in default of payment of fine, he has to undergo rigorous imprisonment for one year.

Prosecution story:-

2.Case of the prosecution in nutshell is that from intervening night of 19.10.2017 at about 4:00 pm to 20.10.2017 at about 8:00 am, the appellant assaulted Dvendra Kumar Harbansh by sharp edged blade by which he suffered grievous injuries and died. The dead body of the deceased was recovered vide Exs.P/11 & P/59 (merg intimation reports). FIR was registered vide Ex.P/12. Spot map was prepared vide Ex.P/4. Dead body was identified by Vinod Harbansh (PW-10) vide Ex.P/39. 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/43), proved by Dr. H.K. Chouhan (PW-16) cause of death was cardio-respiratory arrest as a result of asphyxia due to aspiration of blood due to cut throat injury and homicidal in nature. Wheels of investigation started running and the appellant was arrested. Pursuant to memorandum statement of the appellant (Ex.P/6) clothes of the appellant and weapon of offence sharp edged blade were recovered vide Exs.P/8 & 9, respectively. Other articles were also seized. Seized article were sent for chemical analysis to FSL. In the FSL report (not exhibited) clothes of the appellant and the weapon of offence blood was found.

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 16 witnesses and exhibited 66 documents, whereas, defence, in support of its case, has neither examined any witness nor exhibited any document. 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. M.K. Baeg, 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 the theory of last seen