AFR VISHAKHA BEOHAR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by VISHAKHA BEOHAR CRA No. 913 of 2013 Judgment Reserved on 09.09.2025 Judgment Delivered on 24.09.2025

1 - Krishna Soni, S/o Rikhiram Soni, aged about 26 Years, R/o Village Baikunthdham, Near Murkatta School, Camp-2, Bhilai, Thana Chhawani, Civil and Revenue, District Durg, C.G.

... Appellant versus

1 - State of Chhattisgarh, Through PS Bhilai Nagar, Distt. Durg C.G.

... Respondent For Appellant : Mr. Sabhyasachi Bhaduri, Advocate For Respondent/State : Mrs. Sunita Sahu, P.L.

Division Bench Hon'ble Smt. Justice Rajani Dubey, J. &

Hon'ble Shri Justice Amitendra Kishore Prasad, J.

CAV Judgment

Per, Amitendra Kishore Prasad, J.

1. In this appeal filed under Section 374(2) Cr.P.C., the appellant has challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 19.08.2013 passed by the Additional Sessions Judge (Fast Track Court), Durg, C.G. in Sessions Case No.51/2011, whereby and whereunder, the appellant stands convicted and sentenced as under:-

Conviction Sentence Under Section 302 of IndianI mprisonment for life and fine of Penal Code (for short, ‘IPC’) Rs.10,000/-, in default of payment of fine amount to undergo additional rigorous imprisonment for three months.

Under Section 201 of IPC Rigorous Imprisonment for seven years and fine of Rs.5,000/-, in default of payment of fine amount to undergo additional rigorous imprisonment for two months.

(Both sentences were directed to run concurrently)

2. As per the prosecution case, the incident came to light on

13.11.2010, when Suresh Chandra Padhi, Station Master, Bhilai Nagar, submitted a written intimation (Exhibit P-18A) to Police Station Bhilai Nagar informing that the body of an unknown boy aged about 10 years was lying near the railway track, UP Line, KMS No. 859/7A-9A. The said information was received by him from the driver of train N/BRD at about 16:20 hours. On the basis of this information, a Rural Inquest Intimation was registered vide Ex. P-18. Thereafter, merg intimation was registered at Police Station Bhilai Nagar vide Ex.P-19. During the course of inquiry, statements of Naresh Soni, father of the deceased- Ayush Soni, and Prakash Soni, grandfather of the deceased, were recorded. Considering their statements, the circumstantial evidence collected during the inquiry and the post-mortem report, a First Information Report (Ex.P-22) under Section 302 of the Indian Penal Code was registered against an unknown person. After that, the Investigating Officer prepared a spot map (Ex. P-20). From the spot, a blood-stained stone and a plain stone were seized vide Ex. P-15. The dead body was identified by Naresh Soni vide Ex.P-10, and post-mortem was conducted by PW-19 Dr. Lal Mohammed and gave his report vide Ex.P-16. According to him, cause of death of deceased was shock due to excessive bleeding and the nature of death was homicidal. The dead body was thereafter handed over to PW-7 Naresh Soni vide Ex.P-11. During the investigation, it surfaced that the accused- Krishna Soni, who is the maternal uncle of the deceased- Ayush, used to restrain his wife Jyoti Soni (PW-9) from visiting her parental home, as he suspected her of having an illicit relationship with her brother-in- law/Naresh Soni (PW-7), father of the deceased. On account of such suspicion, frequent quarrels took place between the accused- Krishna Soni and his wife. During the festival season, when PW-9 Jyoti went to her parental home for about a month, there had been a quarrel between her and the accused before her departure. It is further alleged that on the date of the incident, deceased- Ayush was last seen in the company of the accused. Based on this circumstance, suspicion fell upon him. On interrogation, the accused/appellant gave a memorandum statement (Ex. P-1), wherein he disclosed that he had enticed the deceased- Ayush by offering him chocolates and had taken him near the railway track in front o