Judgment on Board

Per Ramesh Sinha, Chief Justice

05/05/2026

1. As per the memo dated 27.02.2026 sent by the Additional Sessions Judge, Dhamtari to the Court of the Additional Judge, Kurud, District Dhamtari, appellant Deepak Kumar Sahu died on 24.01.2025. A death certificate has also been annexed, which shows that appellant Deepak Kumar Sahu died on 24.01.2025.

2. In view of the above, Criminal Appeal No. 288/2021 filed on behalf of appellant Deepak Sahu stands abated.

3. The present criminal appeal being CRA No.374/2021 preferred by appellants-Hitesh Sahu and Khomesh Kumar Nishad under Section 374(2) of the Cr.P.C is against the impugned judgment of conviction and order of sentence dated 11.02.2021 passed in Sessions Case No.38/2019 by the learned Additional Sessions Judge, Dhamtari, Link Court, Kurud, District Dhamtari, whereby appellants Hitesh Sahu and Khomesh Kumar Nishad and deceased Deepak Sahu have been convicted for offence under Section 302 read with Section 34 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.500/-, in default of payment of fine to further undergo RI for six months.

4. Case of the prosecution in brief is that complainant, Sundar Shyam Sahu, orally informed Police Outpost Birejhar, Police Station Kurud, that his nephew, Vedprakash Sahu, had gone on 24.04.2019 to attend a marriage ceremony at the house of Hiralal Sahu, a resident of village Chatoud, located on Karga Road. When he did not return till late at night, they tried to locate him but could not find any information about his whereabouts. On 25.04.2019 at about 12:00 P.M., Gaokaran Sahu of village Chatoud informed him that his nephew, Vedprakash Sahu, had died due to drowning in the water flowing beneath the siphon of Mahanadi main canal. Thereafter, when he went and saw, he found that his nephew, Vedprakash Sahu, had died due to drowning in the canal water.

5. On the basis of the complainant’s information, Police Outpost Birejhar, Police Station Kurud registered the FIR in Crime No.209/2019 for offence under Section 302 of the IPC vide Ex.P-22. Entry regarding untimely and accidental death was recorded vide Ex.P-1. Spot map was prepared by the investigating officer vide Ex.P-2. Inquest was prepared over the body of the deceased vide Ex.P-4. Mobile and water were seized from the spot vide Ex.P-5. Another spot map was prepared by the investigating officer vide Ex.P-7. Memorandum statement of appellant Hitesh Sahu was recorded vide Ex.P-10 and on the basis of his memorandum statement, T-shirt was seized at the instance of appellant Hitesh Sahu vide Ex.P-11. Memorandum statement of appellant Khomesh Nishad was recorded vide Ex.P-12 and on the basis of his memorandum statement, one stone was seized vide Ex.P-13. Plain soil was seized from the spot vide Ex.P-14. Appellant Khomesh Kumar Nishad was arrested on 28.04.2019 vide arrest memo Ex.P-15. Appellant Hitesh Sahu was arrested on 28.04.2019 vide arrest memo Ex.P-18. Dead body of the deceased was sent for postmortem to the Civil Hospital, Kurud where Dr.Hemraj Dewangan (PW-16) conducted postmortem over the body of the deceased vide Ex.P-25 and found following symptoms:-

“The deceased was wearing a red, black, and white striped T-shirt, a brown vest, black jeans, a black belt, and red underwear. A tattoo was found on the right hand. There was a wound measuring 3 × 2.5 cm on the forehead, with a stone embedded in a 1.5 × 1 cm injury. Another injury measuring 1.5 × 1 cm was found on the head. Rigor mortis was present throughout the body. Due to immersion in water, skin changes were clearly visible. Abrasion marks were present on both ears, both eyes, nose, and lips. There was a scratch mark on the right side of the face, and multiple scratch marks were clearly visible on the neck, particularly on the front part of the neck. The left jaw was fractured, and the neck bones were broken. Grass was found clenched in the right hand. The fingernails had turned blue. Circular scratch ma