2026:CGHC:9036-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 217 of 2021

1 - Harikrishno Sahu S/o Manijer Sahu Aged About 23 Years R/o Village Chhote Khaira, Police Station Sarangarh, District Raigarh Chhattisgarh.

--- Appellant versus

1 - State of Chhattisgarh Through District Magistrate Raigarh District Raigarh Chhattisgarh.

--- Respondent(s)

with CRA No. 240 of 2021

1 - Vinod Kumar Sahu S/o Makund Ram Sahu Aged About 28 Years R/o Village Chhote Khaira, Police Station Sarangarh, District Raigarh Chhattisgarh ---Appellant Versus

1 - State of Chhattisgarh Through The Station House Officer, Police Station Sarangarh, District Raigarh Chhattisgarh --- Respondent(s)

Hon'ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Rajani Dubey, J.

20/02/2026

1. Since both the appeals arise out of a single impugned judgment they were heard together and are being disposed of by this common judgment.

2. These criminal appeals have been filed under Section 374(2) of the Code of Criminal Procedure challenging the judgment of conviction and order of sentence dated 20.01.2021 passed by the learned Additional Sessions Judge, Sarangarh, District Raigarh (C.G.) in Sessions Trial No. 08/2018. By the impugned judgment, each of the appellants has been convicted and sentenced as under:-

3. The prosecution case is that the complainant Ramlal Sahu, resident of village Chhote Khaira, had an earlier land and village dispute with the accused persons. Prior to the incident, he was assaulted in a Panchayat meeting and socially boycotted by members of the Sahu community. On 08.01.2018, accused Manjar Sahu along with Tularam Sahu, Harikrishna Sahu, Vishnu Sahu and others called the complainant near the field and assaulted him and his son Yadaram with stones and sticks. When the complainant’s wife Kenvarbai intervened, the accused persons collectively assaulted her with sticks and fists, causing fatal injuries, as a result of which she died at the spot near the old pond. Injuries were also caused to the complainant and his son.

On the basis of the report of the complainant, FIR (Ex.P/15)

was registered at Police Station Sarangarh under Sections 147, 148, 302 and 323 IPC against the named accused and others. During investigation, inquest proceedings, post-mortem examination, medical examination of the injured, seizure of blood- stained soil, clothes and weapons, preparation of site maps, recording of statements under Section 161 CrPC and FSL examination were conducted, and a charge-sheet was filed under Sections 147, 148, 302, 323 and 109 IPC. The case being triable by the Court of Sessions, it was committed to the Sessions Court. Charges were framed against the accused, to which appellants abjured their guilt and claimed to be tried.

4. In order to prove the charges against the accused/appellants, the prosecution examined 24 witnesses. The statements of the accused/appellants were recorded under Section 313 Cr.P.C., wherein they denied all incriminating circumstances, asserting their innocence and alleging false implication. In defence, the appellants did not adduce any evidence.

5. Upon consideration and evaluation of the oral and documentary evidence adduced by both sides, the learned trial Court found the prosecution story reliable and by judgment dated 20.01.2021 convicted and sentenced the appellants in the manner stated in para 2 of the judgment. Hence, this appeal.

6. Learned counsel for the appellants respectfully submit that the impugned judgment and order of conviction dated 20.01.2021 is perverse, erroneous and contrary to law as well as the facts and circumstances of the case. It is submitted that the prosecution has failed to produce any cogent, reliable or legally admissible evidence connecting the appellants with the alleged offence. The conviction has been recorded merely on the testimony of interested witnesses, while the material prosecution witnesses did not support the prosecution case and were declared hostile