2026:CGHC:18645-DB ALOK SHARMA NAFR Date: 2026.04.30 11:50:23 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 887 of 2024

1 - Sukhlal Manjhi @ Balli S/o Laxman Manjhi Aged About 48 Years Occupation- Agriculturist, R/o Village Dangbuda, Khalpara, P.S. Sitapur, District- Sarguja, Chhattisgarh ... Appellant(s)

versus

1 - State of Chhattisgarh Through P.S. Outpost- Sitapur, District-

Sarguja, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. Ashutosh Singh Kachhawaha, Advocate.

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

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

23/04/2026

1. The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) against the impugned judgment of conviction and sentence dated

12.03.2024 passed by the learned Sessions Judge, Surguja (Ambikapur), District Surguja (Chhattisgarh) in Sessions Trial No. 78/2020, arising out of Crime No. 86/2020 of Police Station Sitapur, whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life along with a fine of Rs. 1,000/-, with a default stipulation that in case of non-payment of fine, he shall undergo additional rigorous imprisonment for a period of three months.

2. Brief facts of the case are that the deceased Jugni Bai was the wife of the appellant. She was found lying dead in an injured condition in her house on 27.06.2020. On 28.06.2020 at about 01:10 a.m., the complainant Narsingh (PW-1) gave a merg intimation Ex.P/1 to the police stating that he had been informed by his niece Rajkumari (PW-4) that the appellant was assaulting the deceased with a club (danda) inside their house. On the basis of the report of Narsingh, FIR Ex.P/2 was registered on 28.06.2020 at 01:20 a.m. for the offence under Section 302 of the Indian Penal Code against the appellant. Thereafter, inquest Ex.P/4 of the dead body of the deceased was prepared by the police in the presence of witnesses, and the dead body was sent for post-mortem examination to CHC Sitapur. PW-2 Dr. Pratik Rajwade conducted the post-mortem of the deceased and submitted his report Ex.P/11. While conducting the post-mortem, the doctor found the following external injuries on the body of the deceased:

• Abrasion of size 1 × 1 cm present below the left eye.

• Abrasion of size 2 × 1 cm present on the upper part of the left elbow.

• Abrasion of size 1 × 1 cm present on the right elbow.

• Abrasion of size 3 × 1 cm present on the middle of the left thigh.

• Fracture present near the left wrist.

• Swelling present on the left side of the face.

• Swelling present on the private parts (external and internal genitalia).

• Lacerated wound of size 3 × 3 × 0.5 cm present on the anterior part of the left leg.

3. On internal examination, the doctor found congestion of lungs and great vessels with clotted blood. The liver, spleen, and kidneys were found congested; the kidney was found ruptured, and internal bleeding/hemorrhage was present in the abdominal cavity.

4. After conducting the post-mortem, the doctor opined that the cause of death was internal haemorrhage/bleeding in the abdominal cavity due to rupture of the kidney and liver. The duration of death was approximately 24 to 36 hours prior to post-

mortem examination, and the nature of death was homicidal.

5. The spot map Ex.P/5 was prepared by the police, and Ex.P/9 was prepared by the Patwari. Blood-stained and plain soil, as well as a wooden stick (danda), were seized vide seizure memos Ex.P/13 and Ex.P/7 respectively. The clothes of the deceased, sent from the hospital, were seized vide seizure memo Ex.P/14. The seized wooden stick was sent for query to the doctor who conducted the post-mortem, and the doctor submitted his query report Ex.P/12, wherein he opined as follows:

बिं(cid:2)(cid:3)दु क्रमां(cid:7)(cid:8)क (1): क्या(cid:3) मृति(cid:5