Cr.A.No.1556/2015

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AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Criminal Appeal No.1556 of 2015

{Arising out of judgment dated 29-9-2015 in Sessions Trial

No.338/2013 of the 3^rd Additional Sessions Judge, Ambikapur}

Judgment reserved on: 12-10-2022

Judgment delivered on: 2-11-2022

Tihar Say @ Guddu, S/o Kalapnath, aged about 35 years, R/o Village

Hansdand, Thana Lakhanpur, Distt. Sarguja (C.G.)

(In Jail)

---- Appellant

Versus

State of Chhattisgarh, Through Police Station Lakhanpur, Distt. Sarguja

(C.G.)

---- Respondent

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For Appellant:

Mr. Samir Singh, Advocate.

For Respondent/State: Mr. Animesh Tiwari, Deputy Advocate General

and Mr. Sudeep Verma, Deputy Govt. Advocate.

Amicus Curiae:

Ms. Aditi Singhvi, Advocate.

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Hon'ble Shri Sanjay K. Agrawal and

Hon'ble Shri Deepak Kumar Tiwari, JJ.

C.A.V. Judgment

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of the CrPC preferred

by the appellant is directed against the impugned judgment dated

29-9-2015, by which the appellant has been convicted under

Sections 302 & 307 of the IPC and sentenced to undergo

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imprisonment for life & pay a fine of

500/-, in default of

₹

payment of fine to further undergo simple imprisonment for one

year and to undergo rigorous imprisonment for five years & pay a

fine of 500/-, in default of payment of fine to further undergo

₹

simple imprisonment for one month, respectively.

2. Case of the prosecution, in brief, is that on 22-8-2013, at about

10-11 p.m., at Village Hansdand, Khutenpara, under Police

Station Lakhanpur, District Surguja, the appellant entered into the

house of Budhram (since deceased) and firstly assaulted Jhunni Bai,

wife of Budhram, by iron axe by which she suffered injuries which

were sufficient to cause death and thereafter, caused the murder of

Budhram and thereby committed the offence. Further case of the

prosecution, in brief, is that on the fateful day, the deceased and

his wife were lying in front of their house as their two sons had not

returned home from work and therefore they did not close their

doors and were waiting for them to come and meanwhile, at 10 O’

clock in the night, the appellant came by pushing the door and

asked for liquor / tobacco from Jhunni Bai (PW-2) to which she

said that she did not have the same then the appellant chased her

and assaulted her in the courtyard by which she became

unconscious and thereafter, the appellant came back and assaulted

her husband Budhram on his head, neck and back portion of the

body by which he suffered injuries and he was hospitalized where

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he died on 30-8-2013. It is also the case of the prosecution that

on hearing the cries of Budhram and his wife Jhunni Bai, Patango

(PW-3) reached to the spot, as she is the neighbour, and on

bearing asked, Budhram informed her that Tihar Sai has assaulted

him and his wife, which she informed to Uddesh Ram (PW-1) and

then Uddesh Ram (PW-1) reached to the spot and thereafter, on

the report of Uddesh Ram (PW-1), morgue was registered vide

Ex.P-6 on 30-8-2013. Injured Jhunni Bai (PW-2) was sent to

Community Health Centre, Lakhanpur where she was medically

examined vide Ex.P-12, which has been proved by Dr. Om Prakash

Prasad (PW-5). Naksha Panchayatnama was prepared vide Ex.P-

16. Dead body of deceased Budhram was sent for postmortem

examination and postmortem was conducted by Dr. Binod Kumar.

On the memorandum statement of the appellant vide Ex.P-8,

bloodstained iron axe was seized vide Ex.P-10 and other articles

were also seized. Statements of the witnesses were recorded under

Section 161 of the CrPC..

3. Upon due investigation, charge-sheet was filed agai