2026:CGHC:4642-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 284 of 2023

1 - Khusiram @ Bandu Rajak S/o Roop Kumar Rajak, Aged About 30 Years, R/o - Mouharpara, Ward No. 3, Police Station - Manendragarh, District - Koriya Chhattisgarh ... Appellant versus

1 - State of Chhattisgarh Through the District Magistrate, Koriya, District - Koriya Chhattisgarh ... Respondent (Cause title taken from Case Information System)

For Appellant : Mr. Aditya Bhardwaj, Advocate.

For Respondent/State : Mr. N.K. Jaiswal, Deputy Govt. Advocate.

Hon’ble Shr i Ramesh Sinha, Chief Justice Hon’ble Shri R avindra Kumar Agrawal , Judge Judgment on Board Per Ram esh Sinha, C.J.

28-01-2026

1. The present criminal appeal has been filed under Section 374(2)

of the Code of Criminal Procedure, 1973 against the impugned judgment of conviction and sentence dated 27.09.2022, passed by learned Second Additional Sessions Judge, Manendragarh, District Koriya in Sessions Case No. 13/2021, whereby the appellant has been convicted for the offence under Section 302 of IPC and sentenced for R.I. for life with fine of Rs. 1000/-, in

DMAA iOg D iHt I a LAl MK y HMsi A gEN nDed by default of payment of fine, additional R.I. for 1 month.

D15a:t5e7: :25072 +6.00523.004

2. The brief facts of the case are that, the deceased Aarti was married with appellant and both of them were residing at Mouharpara. Out of their wedlock two daughters and one son have been borne. Deceased Aarti was subjected to marpeet by the appellant on the apprehension that she is having illicit relation with others. On 22.11.2020 at about 8 a.m. the son-in-law of the complainant informed that the appellant has committed murder of the deceased in her house at about 12:30 in the night. When the father had gone there he saw injuries on her head and other parts of the body and lying dead inside the room. Merg intimation Ex.- P/1 was lodged by Nemchandra, father of the deceased to the police. Inquest Ex.-P/8A of the dead body of the deceased was prepared in presence of the witnesses. The dead body was sent for its postmortem to District Hospital Baikunthpur where PW-9 Doctor Shweta Kesari conducted the postmortem of the dead body of the deceased and gave her report Ex.-P/14. During her postmortem she noticed external injuries on her body and opined that the cause of death was cardio respiratory arrest or asphyxia due to throttling, homicidal in nature. The FIR Ex.-P/17 was registered against the appellant for the offence under Section 302 of the IPC. Spot map Ex.-P/12 was prepared by the Patwari and Ex.-P/18 was prepared by the police. The appellant was arrested on 22.11.2020 and his memorandum statement Ex.-P/4 was recorded. Based on his memorandum statement one wooden belan has been seized vide seizure memo Ex.-P/5. Blood stained and plain soil were seized vide seizure memo Ex.-P/9. The said belan was sent for its query report to the doctor, from where report Ex.-P/15 was received and the doctor opined that the injury present in the body of the patient can come from the object which is sealed by the Constable. The blood stained and plain soil, clothes of the deceased and belan were sent for its chemical examination to the regional FSL Surguja, Ambikapur from where report Ex.-P/27 was received and human blood of AB group has been found on the sent articles except the plain soil. Statement of the witnesses under Section 161 of CrPC have been recorded, and after completion of usual investigation, charge sheet was filed against the appellant before the learned Judicial Magistrate First Class, Manendragarh, District Koriya. The case was committed to the learned trial Court.

3. The learned trial Court has framed charge against the appellant for the offence under Section 302 of IPC. The appellant denied the charge and claimed trial.

4. In order to prove the charge against the appellant, the prosecution has examined as many as 10 witnesses. Statement of the appellant under Section 313 of CrPC has also been recorded, in