2025:CGHC:14757-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 726 of 2022 Chamar Rai Sahu S/o Sukalu Ram Sahu, Aged About 63 Years R/o Village - Janjra, Police Station- Rajim, District - Gariyaband (C.G.)

... Appellant(s)

(In Jail) versus State of Chhattisgarh Through The Station House Officer, Police Station -

Rajim, District Gariyaband (C.G.)

...Respondent(s)

For Appellant : Mr. Harishankar Patel, Advocate.

For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

27 .03.2025

1. Heard Mr. Harishankar Patel, learned counsel for the appellant. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for the respondent/State.

2. This criminal appeal filed by the appellant/accused under Section Digitally signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date: 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is

2025.04.03 +0530 directed against the impugned judgment of conviction and order of sentence dated 10.02.2022, passed by the learned Additional Sessions Judge, Gariyaband (C.G.) in Session Trial No. 41 of 2018, whereby the appellant has been convicted and sentenced as under:

3. Case of the prosecution, in brief, is that the complainant, namely, Vishnu Ram Sahu (PW-1) informed the Police Station In-charge, Rajim that on 14.04.2018, at about 06:30 a.m., a person came from village Jenjra, who told that Krishna Bai has passed away, then he went to village Jenjra to join the last rites and on lifting the cloth for last darshan at Muktidham, he saw blood coming out of the nose and ears of the deceased. On getting suspicious, he asked his brother-in-law, accused, Chama Rai, upon which he accepted to have killed his sister by strangulating her, which was informed by him at the Police Station Rajim. On the basis of above information of complainant, Vishnu Ram Sahu (PW-1), the Investigating Officer of Police Station, Rajim, Rakesh Thakur (PW-14) reached the place of incident in village Jenjra and registered Dehati Merg Intimation (Ex.P/1) and Dehati Nalsi (Ex.P/2).

4. During investigation, notice under Section 175 of the Cr.P.C. vide Ex.P/3 was given to the witnesses for Panchnama proceedings of the deadbody of the deceased and inquest report (Ex.P/4) was prepared. A crime details form (Ex.P/7) was prepared on the indication of complainant. For conducting postmortem of the dead body, a map of the place of incident of the house of accused (Ex.P/7A) was prepared and the dead body of the deceased was sent to CHC, Rajim, for postmortem and postmortem report (Ex.P/11) was obtained. After postmortem, the dead body was handed over and dead body supurdnama (Ex.P/6) was prepared. For the query report of the postmortem report of the deceased, Krishna Bai Sahu, Ex.P/12A was sent to CHC Rajim and query report Ex.P/12 was obtained. Thereafter, Merg Intimation No. 12 of 2018 vide Ex.P/24 was prepared in Rajim Police Station. Further, a memorandum statement (Ex.P/17) of the accused was recorded in front of witnesses. On the basis of memorandum statement, on presentation of accused, a wooden cot was seized in front of witnesses and seizure memo (Ex.P/16) was prepared. During investigation, Constable Govinda Diwan brought stomach, intestine, liver, kidney, heart and salt solution of deceased Krishna Bai in a plastic box, preserved by the Doctor, from CHC Rajim and presented it at the Police Station. The same was seized in front of witnesses and seizure memo Ex.P/23 was prepared. After investigation, on finding evidence of crime against the accused under Section 302 of the IPC, he was arrested as per arrest memo Ex.P/19 and information regarding his arrest was given to his family members vide Ex.P/20.

5. Dead body of the deceased was sent for postmortem to the Community Health Center, Rajim, District Gariyaband (C.G.). Dr. A.K.

Humne (PW-3) conducted postmortem vide Ex.P/5. After conducting the postmort