2026:CGHC:19571-DB ALOK SHARMA NAFR Date: 2026.05.01 10:52:54 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2197 of 2025

1 - Chintaram Sahu S/o Lateru Ram Sahu Aged About 54 Years R/o Village- Banrasi, Police Station- Aarang, District- Raipur (C.G.)

... Appellant(s)

versus

1 - State of Chhattisgarh Through - Station House Officer, Police Station, Aarang, District- Raipur (C.G.)

... Respondent(s)

For Appellant(s) : Mr. Rudra Pratap Dubey, Advocate.

For Respondent/State : Mr. N. K. Jaiswal, Dy. Govt. Advocate.

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

28/04/2026

1. Though the matter is listed for hearing on I.A.No.01, which is an application for suspension of sentence and grant of bail to the appellant, however, considering the fact that the appellant is in jail since 04.09.2021 and with the consent of learned counsel for the parties, the appeal is heard finally. Accordingly, I.A. No. 01, stands disposed of.

2. This appeal has been filed under Section 415(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, against the judgment of conviction and order of sentence dated 15.09.2025 passed by the learned 9th Additional Sessions Judge, Raipur, District Raipur (C.G.), in Sessions Trial No. 413/2021, whereby the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 5,000/-, in default of payment of fine, to further undergo rigorous imprisonment for six months.

3. Brief facts of the case are that the complainant Nandkumar Patel (PW-1) lodged the First Information Report on 02.09.2021 stating that on the date of incident at about 09:30 PM, upon hearing cries of “bachao-bachao” from the road side, he went towards the spot and saw the appellant/accused Chintaram Sahu abusing Kanhaiya Sahu in filthy language, threatening him with dire consequences and assaulting him by hands and fists in front of his house at village Banarsi. Thereafter, the injured was taken to Krishna Hospital, Kharora for treatment. The police registered FIR Ex.-P/1 and prepared the spot map Ex.-P/2 and seized blood- stained clothes and soil vide Ex.-P/3. During treatment, the condition of the injured became serious and he succumbed to injuries on 14.09.2021. Thereafter, merg intimation was recorded and inquest Ex.-P/7 was prepared in presence of witnesses and the dead body was sent for post-mortem. The post-mortem was conducted by (PW-12) Dr. M. Nirala and report Ex.-P/13 was obtained, wherein the doctor opined that the death was homicidal in nature caused due to head injuries and its complications. During investigation, memorandum statement of the accused Ex.- P/4 was recorded and at his instance a wooden stick was seized vide Ex.-P/5. After completion of investigation, charge-sheet was filed against the accused for the offences under Sections 294, 323, 506 Part-II and 302 of the IPC.

4. The case was committed to the Court of Sessions Judge, Raipur, from where the same was made over to the Court of learned trial Court for its trial.

5. The learned trial Court has framed charges against the appellant for the offences under Sections 294, 323, 506 Part-II and 302 of the I.P.C. The appellant abjured his guilt and claimed trial.

6. In order to prove the charge against the appellant, the prosecution has examined as many as 17 witnesses. The statement of the appellant under Section 313 of Cr.P.C. was also recorded, in which he denied all the incriminating circumstances appearing against him, pleaded innocence and stated that he has been falsely implicated in the offence.

7. After appreciation of the oral as well as documentary evidence led by the prosecution, the learned trial Court has convicted and sentenced the appellant as mentioned in the opening paragraph of this judgment. Hence, this appeal.

8. Learned counsel for the appellant would submit that the appellant is innocent and