2025:CGHC:5098-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 738 of 2022 Jitendra Kumar Sahu S/o Meghuram Sahu, aged about 38 years R/o Village-Nikum, Police Station Anda, District Durg Chhattisgarh, at present R/o Rasmada, Chowki-Anjora, District Durg Chhattisgarh.

... Appellant versus State of Chhattisgarh, through the Station House Officer, Police Station Pulgaon, District Durg Chhattisgarh.

... Respondent (Cause Title taken from Case Information System)

For Appellant : Mr. B.P. Singh, Advocate For Respondent/State : Mr. Sangharsh Pandey, Govt. Advocate ROHIT Hon'ble Shri Ramesh Sinha, Chief Justice KUMAR CHANDRA Hon'ble Shri Ravindra Kumar Agrawal , Judge Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.01.29 Judgment on Board

18:00:54 +0530 Per Ramesh Sinha , Chief Justice

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1. Heard Mr. B.P. Singh, learned counsel for the appellant as well as Mr. Sangharsh Pandey, learned Government Advocate, appearing for the appellant.

2. Today, though the matter is listed for hearing on I.A. No. 02 of

2025, which is an application for grant of temporary bail on account of marriage of appellant’s daughter, namely Saraswati, which is scheduled to be started from 21.02.2025, however, the said application has been rejected and with the consent of learned counsel for the parties, the appeal is heard finally.

3. This criminal appeal filed by the appellant/accused under Section

374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 19.04.2022 passed by the learned Eighth Additional Sessions Judge, Durg (C.G.) in Sessions Trial No. 153 of 2019, whereby the appellant/accused has been convicted for the offence punishable under Section 302 (two counts) of the Indian Penal Code (IPC) for committing murder of deceased Premin Bai (wife of the accused) and Rameshwar (paramour of deceased Premin Bai) and sentenced to undergo life imprisonment and fine of Rs.500/-, in default of payment of fine, additional RI for 01 year (on each count).

4. Case of the prosecution, in brief, is that Rajesh Mishra, Sub Inspector, registered an FIR No. 71/2019 (Ex.P-29) in Police Station Pulgaon, District Durg against the accused/appellant under Section 302 of IPC alleging that, on 17.06.2019 at about 12.30 pm, accused Jitendra Kumar Sahu had left the house for a walk towards the colony. After walking around, he went back to the room at about 02.00 pm and saw that the door was locked from inside. When he called out, Rameshwar Sahu resident of Rasmada opened, accused wife Premin Bai was lying on the floor on a mat. Seeing both of them inside the room, the accused became furious and lost his temper and suspecting his wife Premin Bai, he started attacking her with the handle of axe which was lying there and when Rameshwar tried to intervene, the accused attacked him too with a deadly attack and started hitting him with the handle of axe, due to which both of them fainted on the spot. They were taken to the Government Hospital, Durg for treatment, where the doctor declared both of them dead. On giving information by Pramod Ramteke (PW-8), who is a ward boy posted in the Government Hospital, Durg, Merg Intimations about the death of the deceased Premin Bai and Rameshwar Prasad Sahu were recorded under Merg No. 0/19 vide Exs. P-18 & 19 respectively. Thereafter, numbered Merg Intimation was recorded vide Ex.P-28 under Merg No. 72/2019 and on the basis of which, aforesaid FIR was registered by the Investigating Officer.

5. During the course of investigation, Investigating Officer left for scene of occurrence and prepared Crime Details Form vide Ex.P-11. After summoning the witnesses vide Ex.P-1, inquest over the dead body of the deceased Premin Bai was prepared vide Ex.P-2 and further after summoning the witnesses vide Ex.P-4, inquest over the dead body of the deceased Rameshwar was prepared vide Ex.P-5. Thereafter, both the dead bodies were sent for conducting postmo