2025:CGHC:56932-DB NAFR RAHUL JHA HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by RAHUL JHA Date: 2025.11.24 18:57:55 +0530 CRA No. 1779 of 2023 Vivek Kumar Pandey S/o- Sudama Prasad Pandey Aged About 25 Years R/o-

Village Sidhi, Police Station Sidhi, District : Shahdol, Madhya Pradesh Appellant Versus State Of Chhattisgarh Through Station In Charge, Police Station Janakpur, District : Koriya (Baikunthpur), Chhattisgarh Respondent(s)

(Cause-title taken from Case Information System)

For Appellant(s) : Mr. Vivek Ranjan Tiwari, Senior Advocate along with Mr. Atul Kesharwani, Advocate For Respondent(s) : Mr. Soumya Rai, PL Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Bibhu Datta Guru, Judge

24/11/2025

1. This appeal has been preferred by the appellant against the judgment of conviction and order of sentence dated 18/08/2023 passed in Sessions Trial No. 41/2019 by the learned II Additional Sessions Judge, Manendragarh, Distt. Korea (C.G.), whereby the appellant has been convicted under Section 302 of the Indian Penal Code (henceforth ‘the IPC’) and sentenced to undergo life imprisonment and fine of Rs. 1000/-, with default stipulation.

2. The facts of the case, in brief, are on 28.03.2019 at about 6:30 a.m., the complainant Prakash Narayan Gupta brought his daughter, Pragya Gupta (henceforth ‘the Deceased’), to Jankpur for her college examination. After the examination, at around 10:30 a.m., the Deceased spoke to her mother, and thereafter went with her friends Poonam and Najreen to a hotel where they ate samosas; she then visited “Sifa Mobile” shop to submit her mobile phone for repair and subsequently went elsewhere. When the Deceased did not return home till 6:00 p.m., her family members searched for her among relatives, and on not finding her, her father lodged a missing person report at Police Station Jankpur at 20:10 hours, leading to registration of Missing Person No. 13/2019 in Rojnamcha Sanha No. 47. On 30.03.2019, information was received that the body of a girl was found hanging with a black scarf from a branch of a Sarai tree near Phooljhar Nala Sangam, with her knees touching the ground. Upon this information given by Prakash Narayan Gupta, Merg Intimation No. 07/2019 under Section 174 CrPC was registered and enquiry was undertaken. A spot map was prepared, articles lying at the spot were seized, inquest was conducted, and the body was sent for postmortem. At the scene, deceased sandal, purse, handkerchief, and a scattered scale were found, along with a pair of blue-grey Nike sports shoes. During this time, Deepak Gupta informed that accused Vivek Pandey had been wearing similar blue-grey sports shoes on 28.03.2019. The postmortem report opined the death to be homicidal. During the merg enquiry, evidence surfaced indicating that the Deceased had been murdered by the appelalnt, upon which Crime No. 41/2019 under Section 302 IPC was registered on 30.03.2019 at 20:10 hours.

During investigation, certain property was seized on the basis of the memorandum of the accused, and the CDR of the mobile phones of the Deceased and the accused were obtained. Finding sufficient material showing the involvement of the appellant, he was arrested on 31.03.2019 at 17:30 hours Upon completion of the investigation, a charge-sheet was filed on

18.06.2019. Charge under Section 302 IPC was framed against the accused, who denied the accusation and claimed false implication. His statement under Section 313 CrPC was recorded, wherein he reiterated his innocence. Although the accused expressed his desire to adduce defence evidence, no defence witness was examined. In order to bring home the charges, the prosecution examined as many as 19 witnesses in its support.

3. After appreciation of the evidence available on record, the learned trial Court convicted the accused/appellant and sentenced him as mentioned in paragraph one. of the judgment. Hence, this appeal.

4. Learned counsel for the ap