2025:CGHC:59346-DB Digitally signed by SISTA NAFR SISTA SOMAYAJULU SOMAYAJULU Date:

2025.12.05

18:23:51 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530 CRA No. 267 of 2019 {Arising out of judgment dated 29-1-2019 in Sessions Trial No.90/2018 of the 4^th Additional Sessions Judge, Raipur}

Judgment reserved on: 27-11-2025 Judgment delivered on: 5-12-2025 Judgment uploaded on: 5-12-2025

1. Gajanand Nirmalkar, Aged about 38 years, S/o Late Budhuram, (In Jail)

2. Smt. Punni Bai Nirmalkar, Aged about 64 years, W/o Late Budhuram, 3. Smt. Pramila Bai Nirmalkar, Aged about 36 years, W/o Gajanand, All are R/o Village Bodra, Police Station Arang, District Raipur, Chhattisgarh.

... Appellants versus State of Chhattisgarh, Through Station House Officer, Police Station Arang, District Raipur, Chhattisgarh.

... Respondent For Appellants : Mrs. Fouzia Mirza, Senior Advocate with Mr. Navin Shukla, Advocate.

For Respondent : Mr. H.A.P.S. Bhatia, Panel Lawyer.

Division Bench: -

Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Sanjay Kumar Jaiswal, JJ.

C.A.V. Judgment Sanjay K. Agrawal, J.

1. Three appellants herein have preferred this appeal under Section

374(2) of the CrPC calling in question legality, validity and correctness of the impugned judgment of conviction and order of sentence dated 29-1-2019 passed by the 4^th Additional Sessions Judge, Raipur in Sessions Trial No.90/2018, by which they have been convicted and sentenced as under, with a direction that all the sentences will run concurrently: -

2. Case of the prosecution, in short, is that on 10-1-2018, at about 6 p.m., at Village Bodra, Police Station Arang, District Raipur, all the three appellants herein, in furtherance of their common intention, trespassed into the house of Bharat Lal Chandrakar (PW-1) and committed marpit and also caused the murder of his son Parmeshwar Chandrakar and thereby committed the offence. Appellant No.2 is mother of appellant No.1 and appellant No.3 is wife of appellant No.1. One more co-accused Jitendra, who is son of appellant No.1, being minor, is being tried separately by the Juvenile Justice Board. FIR was lodged by Bharat Lal Chandrakar (PW-1) vide Ex.P-2. Merg was recorded vide Ex.P-1 and inquest was prepared vide Ex.P-4. Dead body was sent for autopsy to Community Health Centre, Arang where Dr. B.K. Chandrawanshi (PW-7) conducted autopsy vide Ex.P-16 and found two injuries on vital parts of the body and he opined the cause of death to be grievous injuries on vital organ i.e. heart and that the death was homicidal in nature. Spot map was prepared by the Patwari vide Ex.P-13. The Investigating Officer also prepared spot map vide Ex.P-5 in shape of Crime Details Form. Pursuant to the disclosure statement of appellant No.1 (A-1) recorded vide Ex.P-7, knife and clothes were seized from him vide Exs.P-8 & P-9. Seized articles were sent for chemical analysis to the FSL, Raipur and in the FSL report Ex.P-32, blood was found on Art. ‘A’ – cotton seized from the place of incident, Art. ‘G’ – full shirt of A-1, Art. ‘M’ – gamcha of the deceased and Art. ‘I’ – knife seized from A-1.

3. Statements of witnesses were recorded under Section 161 of the CrPC and after usual investigation, the appellants were charge-sheeted for offences under Sections 323 read with Section 34, 302 read with Section 34 & 450 of the IPC and the case was committed to the Court of Session, Raipur from where the learned 4^th Additional Sessions Judge, Raipur received the case on transfer for trial.

4. The prosecution, in order to prove the offence against the appellants, examined as many as 9 witnesses and brought on record 32 documents Exs.P-1 to P-32. The defence has not examined any witness, however, brought on record two documents namely, Ex.D-1 – statement of Bharatlal Chandrakar and Ex.D-2 statement of Meena Bai, recorded under Section 161 of the CrPC, in support of its case.

5. The trial Court after appreciating oral and documentary evidence on record, proceeded to convict the appellants for offence