2026:CGHC:12033-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1041 of 2018

1. Sahasram Bharadwaj S/o Cherkaram, Aged About 45 Years R/o Village Patharri, Police Out Post Hardibazar P.S. Kusmunda, District Korba Chhattisgarh., District : Korba, Chhattisgarh

2. Smt. Budhwarbai, W/o Sahasram, Aged About 44 Years R/o Village Patharri, Police Out Post Hardibazar P.S. Kusmunda, District Korba Chhattisgarh., District : Korba, Chhattisgarh ... Appellant(s)

versus •

State Of Chhattisgarh Through Station House Officer, P.S. Kusmunda, District Korba Chhattisgarh., District : Korba, Chhattisgarh ...Respondent(s)

For appellants : Mr. Akhtar Hussain, Advocate.

For Respondent/State : Mr. Ashish Shukla, Addl. A.G.

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

13 .0 3 .202 6

1. Heard Mr. Akhtar Hussain, learned counsel for the appellant. Also heard Mr. Ashish Shukla, learned Addl. A.G., appearing for the respondent/State.

2. This criminal appeal filed by the appellants/accused under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned Judgment of conviction and order of sentence dated 28.06.2018, passed by the learned Additional Sessions Judge, Katghora District Korba (C.G.) in Session Trial No. 100/2016, whereby the appellants have been convicted and sentenced as under:

3. Case of the prosecution, in brief, is that on 28.09.2016 at about

12:00 noon, the deceased Narayan Prasad Tandon was present in front of his house. At that time, the accused Sahasram, Smt. Budhwarabai and the child in conflict with law came there and started abusing him in filthy language and threatening to kill him. Thereafter, the accused persons pushed Narayan Prasad Tandon to the ground and started assaulting him with fists and kicks. When Narayan Prasad fell on the ground, Smt. Budhwarabai caught hold of him and her husband Sahasram kicked him on his testicles. Meanwhile, the child in conflict with law assaulted him on the head with a stone. Hearing the commotion, Smt. Chhannibai came out of her house and, on hearing her cries, Jankaram, Darsaram Tandon, Chandramani Patle and Hemant Kumar Miri also reached the spot and intervened. Due to the assault by the accused persons, blood started oozing from the head of Narayan Prasad Tandon and he fell on the ground. Thereafter, the 108 ambulance was called and he was taken to the Primary Health Centre, Hardibazar, where the doctor, after examination, declared him dead. Thus, the accused Sahasram, Smt. Budhwarabai and the child in conflict with law committed the murder of Narayan Prasad Tandon by assaulting him with fists, kicks and a stone. On the same day, Smt. Chhannibai lodged a report of the incident at Police Outpost Hardibazar. Inspector Man Singh Rathia registered the First Information Report at Police Outpost Hardibazar on the basis of the report lodged by Smt. Chhannibai under Section 302/34 of the IPC as Crime No. 0/2016, and on the same day a merg intimation No. 0/2016 was also registered. Thereafter, the said First Information Report and merg were transmitted to Police Station Kusmunda, where Head Constable Ishwari Prasad Lahre registered Crime No. 115/2016 under Section 302/34 of the IPC and also registered Merg No. 52/2016.

4. During the course of investigation, on 02.08.2016, Inspector Man Singh Rathia visited the Primary Health Centre, Hardibazar and issued notices to the witnesses for the preparation of the inquest over the dead body. On the same day, in the presence of the witnesses, the inquest proceedings over the dead body of the deceased Narayan Prasad Tandon were conducted and the inquest report was prepared (Ex.P/2). Thereafter, the post-mortem examination of the deceased Narayan Prasad Tandon was conducted at the Primary Health Centre, Hardibazar by Dr. A.N. Kanwar (Ex.P/7). On the same day, Inspector Man Singh Rathia visited the place of occurrence at village Pa