AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally VISHAKHAsigned by BEOHAR VISHAKHA BEOHAR CRA No. 545 of 2019 Judgment Reserved on 20.06.2025 Judgment Delivered on 06.08.2025

1. Chhote Dou @ Ajay, S/o Late Sudershan Khaiwar, aged about 20 Years, 2. Bade Dou @ Shatruhan Khairwar, S/o Late Sudershan Khairwar, aged about 21 Years, Both are R/o Motisagarpara, Korba, Police Station - Kotwali, District Korba Chhattisgarh.

...Appellants versus • State of Chhattisgarh, Through the Station House Officer, Police Station - Kotwali, Korba, District Korba, Chhattisgarh.

... Respondent For Appellants : Mr. Anil Tripathi, Advocate For Respondent : Ms. M. Asha, 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. This criminal appeal preferred by the appellants herein under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 25.01.2019 passed in Sessions Trial No.119/2017 by the Sessions Judge, Korba, District Korba, by which the appellants stand convicted & sentenced as under:-

Conviction Sentence Under Section 302 read with 34 Imprisonment for life and fine of of Indian Penal Code (for short, Rs.1,000/- each, in default of ‘IPC’) payment of fine amount to undergo additional imprisonment for three months to each appellants

2. Case of the prosecution, in brief, is that on 04.09.2017 at about

10:30 pm, at Motisagar Para Korba, near one Tarabai's house, accused persons/appellants herein along with one Juvenile, in furtherance of their common intention and due to previous enmity, assaulted Charan Das (hereinafter called as 'deceased') with a stick, belt, sickle and stone, due to which, deceased sustained grievous injuries on his head, face and mouth. After that, the victim was taken to the District Hospital, Korba and then referred to CIMS Hospital, Bilaspur, where he succumbed to his injuries on 05.09.2017. On the basis of report lodged by PW-7 Guddu Bareth, Crime No.579/2017 was registered at Police Station Kotwali, Korba, initially under Section 307 read with 34 of IPC against the accused persons, which was later altered to Section 302/34 of IPC upon the death of deceased. Thereafter, merg intimation vide Exs.P-4 & 5 were recorded and inquest proceedings were conducted vide Ex.P-7. Dead body of deceased- Charan Das was sent for postmortem examination which was conducted by PW-9 Dr. Ajay Bhengra, who have proved the postmortem report Ex.P-18. According to PW-9 Dr. Ajay Bhengra, cause of death of deceased- Charan Das was due to the head injury and mode of death of deceased was homicidal in nature.

3. During investigation, accused persons were arrested vide Exs.P-15 & 16. Memorandum statement of the appellant No.2- Bade Dou @ Shatruhan Khairwar was recorded vide Ex.P-12, but no seizure was made from him. This apart, no memorandum statement of appellant No.1- Chhote Dou @ Ajay was recorded and also no seizure was made from him. From the spot, blood stained piece of cloth, plain soil, one sickle, clubs, piece of brick and belts were seized vide Exs.P-13 & P-14 respectively. From PW-1 Laxmin Bai, blood like stained clothes of deceased- Charan Das was seized vide Ex.P-20. Seized articles were sent to FSL for chemical examination, but FSL report (Ex.P-23) was inconclusive and blood group result could not be determined on the articles marked as “Exs.A, B, C, D & F”.

4. After due investigation, appellants were charge-sheeted before the jurisdictional Criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which appellants abjured their guilt and entered into defence by stating that they have not committed the offence. However, separate charge sheet was also filed against the juvenile (S)

before the Juvenile Justice Board.

5. The prosecution in order to bring home the offence, examined as many as 12 witnesses in support of its case and exh