2025:CGHC:14751-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 651 of 2022

1 - Jitendra Shukla @ Abhiram S/o Late Ashok Kumar Shukla Aged About 43 Years R/o Shardapuram Colony, Police Station - Saman, District - Rewa (M.P.), Permanent Address - Village - Chhidi, Police Station - Bara, District - Allahabad Uttar Pradesh, District : Allahabad, Uttar Pradesh ... Appellant(s)

versus

1 - State of Chhattisgarh Through Station House Officer, Police Station - Rakhi, Naya Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. Dharmesh Shrivastava, Advocate. For Respondent(s) : Mr. S. S. Baghel, Dy. Govt. Advocate.

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

27/03/2025

1. This appeal has been filed under Section 374(2) of the Code of Criminal Procedure 1973, (for short the, Cr.P.C.) against the judgment of conviction and sentence dated 02.03.2022 passed by Learned 3rd Additional Sessions Judge, Raipur, in Sessions Case No. 37/2019, whereby the appellant has been convicted and sentenced in the following manner:-

Conviction Sentence U/s 450 of the Indian Penal Code. RI for 07 years and fine of Rs. 500/- U/s 394 read with Section 34 of RI for 07 years and fine of Rs. 500/-

the Indian Penal Code.

U/s 302 read with Section 34 of Life imprisonment and fine of Rs. 500/-

the Indian Penal Code.

U/s 66-C of Information RI for 02 years and fine of Rs. 500/-

Technology Act. In default of payment of fine amount further RI for 02- 02 months for any of the defaults.

All the sentences shall run concurrently.

2. The brief facts of the case are that on 25.10.2018 at about 15:30 hours the complainant Amit Kumar Sharma, the PW-7 who is the son of the deceased Chandrakali Sharma have given a dehati merg intimation Ex.P/15 that he is the employee of the PWD, Raipur his mother Chandrakali Sharma is residing at Bhopal who had come to him last month due to the Pitrupaksha and residing at house No.307. He used to came to her house to meet her. On 24.10.2018 he met with his mother and came back to his house at about 08:00 p.m. had a talk with her by mobile phone. On 25.10.2018 at about 02:00 p.m. when he again came to her house at house No. 306 Sector 27, Naya Raipur, he found that outer gate was opened, the inner door was also closed but not bolted when he entered into the house, he saw that her mother is lying dead, tongue stuck in between teeth and blood came out. He suspected that someone has committed her murder and looted her ornaments and ATM card. He immediately informed the police about the incident dehati nalsi Ex.P/14 has also been recorded on the spot on 25.10.2018, inquest Ex.P/9 of the dead body of the deceased was prepared in presence of the witnesses.

3. The spot map Ex.P/10 was prepared by the police and the dead body of the deceased was sent for its post-mortem to Dr. B. R. Ambedkar Hospital, Raipur where PW-15 Dr. T. M. Nirala who conducted the post-mortem of the dead body of the deceased and gave his report Ex.P/35. While conducting the postmortem, the doctor has noticed (i) Haematoma present on the left side fronto-parieto temporal underscalp (ii) Contusion present on the mid part under surface of chest (iii) linear fracture present on the left side parieto temporal bone, 6cm long (iv) Contusion present on left side arm laterally 4x2 & on left linear 1x3 of forearm laterally 3x2cm.

4. After conducting the postmortem, the doctor has opined that the evidence of injuries present, final opinion will be given after viscera report provided by the police and duration of death within 24 to 48 hours prior to post-mortem examination. Viscera of the dead body was preserved and the police has obtained viscera report Ex.P/26 and as per the viscera report no poisonous substance were found on the viscera of the deceased. The broken piece of golden chain, one yellow metal locket (tabiz) and one plastic screw have been se