2026:CGHC:11308-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1226 of 2015 Pappu Sahu S/o Ramkumar Sahu Aged About 26 Years R/o Birkoni, Police Station Hirri, District Mungeli Chhattisgarh., Chhattisgarh ...Appellant(s)

versus The State Of Chhattisgarh Through Station House Officer, Police Station Hirri, District Mungeli Chhattisgarh. , Chhattisgarh ---Respondent(s)

For Appellant : Mr. Rajesh Jain, Advocate For Respondent/State : Mr. H.A.P.S. Bhatia, P.L.

Hon’ble Shri Sanjay K. Agrawal, Judge Hon’ble Shri Arvind Kumar Verma, Judge Judgment on Board

10/03 /202 6 Arvind Kumar Verma. J.

1. This criminal appeal preferred under Section 374(2) of Criminal Proce-

dure Code 1973 is directed against the impugned judgment of convic- tion and order of sentence dated 11.08.2015, passed by the learned Additional Sessions Judge, Mungeli (C.G.) in Session Trial No. H 34/2014, whereby the appellant has been convicted and sentenced as under:

Conviction Sentence Section 302 of Indian Life imprisonment and fine of Rs. Penal Code 1,000/-, in default of payment of fine, 01 month additional R.I.

Section 201 of Indian R.I. for 7 years and fine of Rs. Penal Code 1,000/-, in default of payment of fine, 01 months additional R.I.

2. Brief facts of the case are that, the informant Sanju Jaiswal, resident of village Birkoni, appeared at Police Station Hirri on 25.05.2014 and lodged an oral report stating that his brother Sanjay Jaiswal had left the house on 21.05.2014 between 10:00 a.m. and 11:00 a.m. without in- forming anyone and had not returned till then. Despite searching for him at the houses of relatives, he could not be traced. The missing per- son was described as having a height of about 5 feet 6 inches, round face, black hair, fair complexion, and he was wearing a black T-shirt and blue jeans pant at the time he left the house. On the basis of the said information, a missing person report No. 14/14 was registered at Police Station Hirri as per Exhibit P-15. Thereafter, on 27.05.2014, the Kotwar of village Daruwankapa, namely Janikdas, appeared at Police Station Hirri and lodged a marg intimation stating that an unknown male person aged about 30 years was lying dead in the vacant room of Pardeshi Kaushle’s Indira Awas. The deceased was wearing a black T- shirt and blue jeans pant, and his face was not identifiable. On the ba- sis of this information, Marg No. 31/14 was registered at Police Station Hirri as per Exhibit P-8 and the marg inquiry was taken up. During the course of marg inquiry, the identification proceedings of the dead body were conducted as per Exhibit P-1 in the presence of Sanju Jaiswal and Krishna Kumar Jaiswal, who identified the deceased as Sanjay Jaiswal on the basis of the clothes and slippers worn by him. During the marg inquiry, notices were issued to witnesses as per Exhibit P-2 for their presence at the time of preparation of the inquest (Naksha Panchayatnama), which was prepared as per Exhibit P-3. The spot map of the place of occurrence was prepared as per Exhibit P-4. As per Exhibit P-11A, Constable No. 40-1032 Manharan was given the post-mortem requisition (Exhibit P-14A) and the dead body was sent for post-mortem examination to CHC Bilha, from where after post- mortem the post-mortem report (Exhibit P-14) was received and an- nexed with the case file. Thereafter, as per Exhibits P-11 and P-12, the dead body was handed over to the relatives of the deceased for last rites. On suspicion, the accused Pappu Sahu was taken into police custody and his memorandum statement (Exhibit P-5) was recorded, wherein the accused stated that he had friendship with Sanjay Jaiswal and used to have physical relations with him. After the marriage of San- jay, the latter started demanding money from him and threatened that if the money was not paid, he would defame him and kill him. Due to this reason, the accused decided to eliminate Sanjay Jaiswal. Accordingly, on 21.05.2014, he took Sanjay on his motorcycle, made him consume liquor a