2026:CGHC:13996-DB NAFR Digitally signed ALOK by ALOK SHARMA SHARMA Date: 2026.03.27

12:34:52 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1725 of 2024

1 - Phool Singh Rathiya S/o Late Birsai Rathia Aged About 53 Years R/o Village - Baraud, Police Station - Gharghoda, District - Raigarh Chhattisgarh ... Appellant(s)

versus

1 - State of Chhattisgarh Through Police Station - Gharghoda, District -

Raigarh, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. Ravi Kumar Bhagat, Advocate.

For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer.

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

Order on Board

Per Ramesh Sinha, Chief Justice.

24/03/2026

1. The appellant has preferred this criminal appeal under section 415 (2) of the Bhartiya Nagarik Suraksha Sanhita, 2023 (in short “B.N.S.S., 2023”), against the judgment of conviction and sentence dated 05.08.2024, passed by learned Additional Sessions Judge, Gharghoda, District Raigarh, in Sessions Case No. 67/2019, whereby the appellant has been convicted Under Section 302 of IPC and sentenced him for life imprisonment with fine of Rs. 1,000/-, in default of payment of fine additional RI for

01 month.

2. The case of the prosecution in brief is that 16.08.2019 the Kotwar Shaukilal Mahant PW-1, gave a merg intimation to the Police that at about -6:00 am., when he came out from his house he saw the appellant in the lane by hurling his guilt that yesterday night he committed murder of his wife by assaulting her by fist and kicks and axe and she is lying dead in the house. When he was being asked for the reason of assault, he disclosed that he had asked for money to drink liquor, but she refused, and therefore, he committed her murder. When he took the appellant to his house, he found the dead body of the deceased lying in the room in an injured condition. Merg initiation Ex.P-1 was recorded by the Police and started an inquiry. Inquest Ex.P/8 was prepared by the Police in the presence of the witnesses, and the dead body was sent for its post-mortem to the Community Health Centre, Gharghoda. Dr. S.R. Painkra PW-5 conducted the post-mortem of the dead body of the deceased, and gave his report Ex.P/10. While conducting the post-mortem, the doctor has noticed one lacerated wound on the scalp layer, another lacerated wound on the right leg interior aspect and swelling on the right cheek, multiple bruises present on the face, neck and back side. On internal examination fracture of the scalp was found and haemorrhage on the occipital and left parietal region. Further fracture of the right side 3, 4, 5 and 6^th ribs was also found. He opined that the mode of death is hypovolemic shock caused by excessive bleeding due to multiple injuries (deeply and it is homicidal in nature). Spot map Ex.P/2 was prepared by the Police, and PW-11 was prepared by the Patwari. Three broken teeth, blood-stained and plain soil and a broken piece of bangles were seized from the spot, vide seizure memo Ex.P/6. The broken piece of bangles was seized from the spot, and the bangle worn by the deceased was also taken out from her body by breaking it into pieces, and it has been compared and found that the pieces of bangles found on the spot match the bangles worn by the deceased, and a panchnama Ex.P/5 was prepared. FIR Ex.P/12 was registered against the appellant for the offence under Section

302 of the IPC.

3. The appellant was arrested on 16.08.2019, and his memorandum statement Ex.P/4 was recorded. Based on his memorandum statement, one axe and one gamcha have been seized vide seizure memo Ex.P/5. The axe seized from the appellant was sent for its query report to the doctor whose query report, Ex.P/16, stated that the injuries found on the body of the deceased could have been caused by the said axe. He further referred it for chemical examination for confirmation of the presence of blood. The axe and gamcha seized from the appellant, broken teeth blood stained and plain soil, broken