2025:CGHC:14151 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 303 of 2025

1 - Arti Singh W/o Shri Anoop Singh Aged About 24 Years R/o Village Keshavpur, P.S. - Manipur, District Surguja Chhattisgarh

2 - Shyam Bai W/o Shri Ramdhani Singh Aged About 46 Years R/o Village -

Samartikra, P.S. - Vishrampur, District - Surajpur Chhattisgarh ... Appellants versus State of Chhattisgarh Through Police Station - Manipur, District - Surguja Chhattisgarh ... Respondent ___________________________________________________________

For Appellants : Dr. Sudeep Agrawal, Advocate For State/Respondent : Ms. Priya Sharma, Panel Lawyer ___________________________________________________________

Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board

24/03/2025

1. The appellants have filed the instant criminal appeal under Section

415(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023 questioning the judgment of conviction and order of sentence dated 28/01/2025 passed AMSIHSHURTAOSH DsAM D21+ i 04 S i a g 0 I g 2: t HS n 51 i e5 t H 3 e 4 U : a . d 0 0: R l T 5 4 by AO 5.

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by the First Additional Sessions Judge, Ambikapur, District-Surguja (C.G.) in Sessions Case No.62/2024, whereby the appellant has been convicted for the offence punishable under Section 304 Part-2 of the IPC and sentenced to undergo R.I. for 02 Years and fine of Rs.100/- and in default of payment of fine amount, additional R.I. for 15 days.

2. The case of the prosecution in brief is that The deceased Anup Singh lived with his family in village Keshavpur, where his mother-in-law Shyam Bai also lived for one and a half years. Anup Singh often had quarrels with his wife Aarti Singh and mother-in-law Shyam Bai over domestic matters. Anup Singh's brother/applicant Akil Singh also lived separately with his family in a nearby house. The incident took place on 25.02.2024At around 9:00 pm, when Akil Singh heard Anoop Singh's daughter Phulki screaming, he went to his brother Anoop Singh's house and saw that Aarti Singh was holding Anoop Singh from the front and Shyam Bai was strangling Anoop with her right hand. Anoop Singh was struggling. Akil Singh separated the three of them, meanwhile Anoop fainted. Then Akil Singh called an ambulance and took Anoop Singh to the district hospital Ambikapur, where he died at 1:00 pm.

3. Dr. Deepak Prakash (PW-9), who conducted the post-mortem of the

deceased Anoop Singh and gave its report vide Exhibit P-23 has stated

that congestion was found in the eyes of the deceased. There was

blueness in the nails of both hands and inside of the lips. There was

stiffness in the entire body. Postmortem liquidity was found fixed in the back part of the body. The doctor has stated that the following 15 antemortem injuries were found on the body of the deceased:-

(1) There was a reddish brown aggravation on the left forehead side of the head, obliquely placed, measuring 1.7 x 0.4 cm, 3 cm above the left eyebrow and 4 cm from the midline.

(2) A reddish brown aggravation, obliquely placed, measuring 2.5 x 0.3 cm was found in the left cheek, located 3 cm from the left angle of the mouth.

(3) A red contusion measuring 1.5 x 1 cm was found on the right cheek, extending 3.8 cm from the right ear lobule.

(4) There was a lacerated cyst on the inner surface of the left side of the lower lip, measuring 1 x 0.5 cm. The margins of the cyst were irregular and contused.

(5) A reddish brown abrasion, obliquely placed, measuring 1.3 x 0.3 cm was found near the anterior part of the left ear.

(6) A reddish brown abrasion, obliquely placed, measuring

1.5 x 0.3 cm was found near the upper part of the left ear.

(7) A reddish brown graded abrasion measuring 4 x 1.7 cms was found over the right ear.

(8) Reddish brown color rash on lateral surface of right side of neckAn abrasion (crescentic, nail marks) measuring 1.5 x 0.2 cm was found, located 4.5 cm below the right angle mandible.

(9) A reddish brown curved abrasion (crescentic, nail marks) measuring 1.2 x 0.3 cm was found on the lateral surface of left si