2025:CGHC:14546-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Aayatu Ram Potai S/o Late Ghasiya Ram Potai Aged About 35 Years R/o Village Ghotiya P. S. Badgaon, District-North Bastar, Kanker Chhattisgarh --- Appellant(s)

versus State Of Chhattisgarh Through The Station House Officer P. S. Badgaon, District North Bastar Kanker Chhattisgarh --- Respondent (Cause-title taken from Case Information System)

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For Appellant : Shri AN Pandey, Advocate For Respondent/State : Shri Hari Om Rai, PL ---------------------------------------------------------------------------------------------------------

Hon'ble Shri Ramesh Sinha, Chief Justice & Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ravindra Kumar Agrawal, J.

26.03.2025

1. Challenge in this appeal is to the judgment of conviction and sentence dated 13.08.2021, passed by the learned Additional Session Judge, Bhanupratappur, Distt-North Bastar-Kanker, CG, in ST-21 of 2019, whereby the appellant has been convicted for commission of offence punishable under Section 302 of the IPC, and sentenced for life imprisonment with fine of Rs.2,000/- with default stipulation.

2. Brief facts of the case are that complainant-Bisau Ram Darro gave merg intimation Ex.P19 to the Police Station-Siksode to the effect that on

16.04.2019 when he along with Santlal Darro, present appellant, Ramsu, Yashoda, and Baisakhin (since deceased) were returning to village- Ghotiya from Kapsi, deceased Baisakhin and the complainant took lift on the Motorcycle of Ramsai Kumeti, and came up to Pipli Road, and near Pipli turning, he dropped them and went towards his house. After a short while, appellant also came on his bicycle, and started quarelling with his wife Baisakhin as to why she had come on the Motorcycle with other person, and not with him. He started assaulting her, and when the complainant intervened, he too was assaulted by the appellant. Appellant assaulted his wife, Baisakhin by a stone which was lying there, by which she received injuries on her head and died. Based on the merg intimation given by Bisau Ram Darro, FIR Ex.P20 was registered against the appellant for the offence punishable under Section 302 and 323 of the IPC. Inquest Ex.P10 of dead-body of the deceased was prepared in presence of the witnesses. Dead-body was sent for its postmortem to the Community Health Centre, Pakhanjur, where PW8- Dr Sukhdev Shende conducted postmortem of dead-body of the deceased, and gave report Ex.P18. While conducting postmortem of the dead-body, the doctor has noticed the following injuries:

Wound on both side of head on both occipital bone, diameter-2 cm, bleeding mark, head bone pierced into the brain matter Wound on back side of neck in cervical area diameter about 2 cm, fracture of cervical vertebra from 3 to 5, Injury occurred in spinal cord.

On internal examination, the doctor has found Spinal Cord injury occurred on survical area of neck from 3 to 5, and opined that cause of death is Spinal shock and neurogenic shock due to fracture of neck vertibra and injury to the Spinal cord. Nature of death is homicidal.

3. The injured Bisau Ram Darro was also sent for his medical examination to the Community Health Centre, Pakhanjor, where he too has been examined by PW8- dr Sukhdev Shende, who gave MLC report Ex.P13 and the doctor has noticed pain and swelling on right side of face near right year, which is simple in nature. Spot Map Ex.P21 was prepared by the Police, and Ex.P7 was prepared by the Patwari. Appellant was arrested on 17.04.2019, and his memorandum statement Ex.P2 was recorded and based on his memorandum statement, his bicycle was seized vide seizure memo Ex.P3, and one stone has been seized vide seizure memo Ex.P4. The said stone was sent for its query report to the doctor, who gave his opinion Ex.P15 that the injury on the face and mouth of the deceased can be possible by the stone.