1 2026:CGHC:590-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1840 of 2022 Ranu Shukla Das @ Sandeep Das S/o Ratindra Shukla Das Aged About 24 Years R/o Dharmanagar, Near Water Tank, Police Station Dharmanagar, District Ganganagar (Tripura), Presently Residing At Above Baba Moni Mobile Shop, Vasulifata, Police Station Chakan, District : Pune, Maharashtra ... Appellant versus State Of Chhattisgarh Through Police Station Kotwali, Korba, District : Korba, Chhattisgarh ... Respondent For Appellant : Mr. Praveen Soni, Advocate. For Respondent(s) : Mr. Priyank Rathi, Government Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Arvind Kumar Verma, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 06/01/2026 1. Challenge in this appeal filed under Section 374(2) of the Criminal Procedure Code, 1973 is to the judgment of conviction and order of sentence dated 11.07.2022 passed in Sessions Trial No. 52/2019 by the Sessions Judge, Korba, District Korba, by which the appellant has been convicted for the offence under Section 302 of the Indian Penal Code (for short, the IPC) and sentenced to imprisonment for life with fine of Rs.500/- and in default, to undergo additional rigorous imprisonment for 2 one month and Section 404 of the IPC and sentenced to undergo rigorous imprisonment for 2 years with fine of Rs. 500/- and in default to undergo additional rigorous imprisonment for 1 month. 2. The appellant/convict Ranu Shukla Das alias Sandeep Das was charged under Sections 302, 201, and 380 of the IPC alleging that on the intervening night of 22/23.01.2019, at Krishna Nagar, Korba, at the house of Supriya alias Priya Mallik (hereinafter referred to as ‘the deceased), with the intention of causing her death, he strangled her and murdered her. Thereafter, with the intention of concealing the offence of murder, he wrapped the dead body of the deceased in a bedsheet, hid it inside a Diwan of her house, locked the house from outside, and caused disappearance of evidence. Further, from the residence of the deceased, he dishonestly removed and committed theft of her property, namely a mobile phone, gold and silver ornaments, ATM card, voter ID card, driving licence, vehicle registration certificate, and almirah key, with the intention of wrongful gain. 3. The case of the prosecution in brief is that the deceased was supposed to travel to Kondagaon to her mother’s house. When she did not reach Kondagaon and attempts were made to contact her on her mobile phone number 9399304872, the phone was found switched off. Due to the inability to contact her, the complainant Rupesh Haldar (PW-2), along with the deceased’s mother Kajal Mandal (PW-3) and her daughter Sania Mandal, came from Kondagaon to the deceased’s house at Korba. They found the house locked. Thereafter, alongwith Hiralal Karsh (PW-1), they went to Manikpur Police Outpost and informed the police. Subsequently, attempts were made to open the lock on the door of the deceased’s house. During this process, Hiralal Karsh (PW-1) tried to open the lock using a key in his possession, upon which the lock opened. 3 A panchnama in this regard was prepared. Upon entering the house, a foul smell was emanating from one of the rooms. When the Diwan bed in that room was opened, the dead body of the deceased was found inside the Diwan, wrapped in a bed-sheet and covered with a blue cloth. On the spot, on the complaint of the complainant Rupesh Haldar (PW-2) alleging that the deceased had been murdered and hidden inside the Diwan, a Dehati Merg intimation and Dehati Nalishi (First Information Report) under Sections 302 and 201 IPC were registered. The lock afÏxed to the house, bearing the inscription “Spider King (SK150)”, and the key used by Hiralal (PW-1), bearing the inscription “Shangli”, were seized in the presence of witnesses. A panchnama describing the visible condition of the dead body was prepared, and a spot map of the place of occurrence was drawn in the presence of witnesses. At Police Station City Kotwali, Korba, Merg Intimation bearing No. 09/2019 and FIR bearing Crime No. 58/2019 were registered. The dead body was sent to the District Hospital, Korba, for post-mortem examination along with an memo. The doctor conducting the post-mortem preserved the viscera, uterus, and vaginal swab slides and advised chemical examination. 4. During the investigation, statements of Kajal Mandal (mother of the deceased) (PW-3), her daughter Sania Mallik, and witness Hiralal Karsh (PW-1) were recorded, which revealed that the deceased and the appellant were in a relationship and intended to marry each other, and that the appellant-Ranu Shukla Das @ Sandeep Das had come from Pune to Korba. Analysis of the Call Detail Records (CDR) of the appellant’s mobile numbers 8197156285 and 6361333946 and the deceased’s mobile number 9399304872 revealed that there was continuous communication between the deceased and the appellant prior to the incident. The deceased’s mobile phone with IMEI numbers 4 357278080996094 and 357278080996086 was not found in the house, and it was found to be active on another mobile number from 25.01.2019. Based on information received from the Cyber Cell, a police team was sent to Pune (Maharashtra) to search for the suspect. On 04.01.2019, from the possession of appellant, the deceased’s Nokia mobile phone was recovered. Upon interrogation, the memorandum statement of the appellant was recorded, wherein he confessed that he strangled the deceased, hid her dead body inside the Diwan of her house, took her mobile phone, gold and silver ornaments, wristwatch, ATM card, voter ID card, driving licence, vehicle RC book, and almirah key, locked the door of the deceased’s house and threw away the key, and stayed at a hotel in front of Champa Railway Station on 23.01.2019. 5. On the basis of the memorandum statement, upon production by the appellant, the above-mentioned articles were recovered from his house at Vasuli Phata, Police Station Chakan, District Pune (Maharashtra) and was seized. The appellant was arrested, and information of his arrest was given to his family members. He was produced before the Judicial Magistrate First Class, Khed, Rajgurunagar, District Pune, and transit remand was obtained. On 06.02.2019, he was produced before the Chief Judicial Magistrate, Korba, and one day’s police remand was granted. An identification parade was conducted by the Executive Magistrate, Korba, wherein witness Hiralal Karsh (PW-1) identified the appellant and an identification panchnama was prepared. The seized ornaments and wristwatch were identified by the deceased’s mother Kajal Mandal (PW- 3) and her daughter Sania Mallik as belonging to the deceased, and identification panchnamas were prepared. During the investigation, the register of Hotel Shree Ganesh, located in front of Champa Railway Station, showing the appellant’s stay, was seized from the hotel manager 5 and returned on Supurdnama. CCTV footage showing the appellant’s arrival and stay at the hotel was copied onto a pen drive, which was seized, and a certificate under Section 65B of the Indian Evidence Act was obtained regarding its authenticity. Customer profiles and CDRs were obtained from the concerned telecom companies for the deceased’s mobile number 9399304872, her mobile phone IMEI numbers 357278080996094 and 357278080996086, the appellant’s mobile number 8197156285 with IMEI numbers 352801089332510 and 352802089332519, and the appellant’s brother Rahuth Shukla Das’s mobile number 9370946035, which was active on the deceased’s mobile IMEI from 25101.2019. 6. The viscera of the deceased was sent to the Regional Forensic Science Laboratory, Raipur. A letter was sent to the Tehsildar, Korba, and a spot map was prepared by the Patwari. After completion of the investigation, a charge-sheet under Sections 302, 201, and 380 IPC was filed against the accused before the Chief Judicial Magistrate, Korba, from where the case was committed to the Sessions Court for trial. 7. When the charges under Sections 302, 201, and 380 IPC were framed against the appellant, he denied the charges and prayed for trial. 8. In order to bring home the offence, the prosecution examined as many as 15 witnesses namely, Hiralal Karsh (PW-1), Rupesh Haldar (PW-2), Kajal Mandal (PW-3), Mohan Lal (PW-4), Hemant Patle (PW-5), Shailendra Pandey (PW-6), Durgesh Kumar Rathore (PW-7), C.S. Sidar (PW-8), Dr.O.S.Kanwar (PW-9), Markandeya Mishra (PW-10), Guna Ram Sinha (PW-11), P.S. Bhagat, (PW-12), Gurudatt Panchbhaye (PW- 13), Panchram Salame (PW-14), Rajesh Chandravanshi (PW-15). 6 9. The statement of the appellant/convict under section 313 Cr.P.C was recorded wherein he stated that he was innocent and has been falsely implicated in this case. He expressed his ignorance with respect to some of the questions and some of them were denied as well. 10. The learned trial Judge, after considering the evidence on record, convicted and sentenced the appellant/accused as detailed in the opening paragraph of this judgment. Hence, the present appeal by the appellant/convict. 11. Mr. Praveen Soni, learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. There is no eye witness to the incident and the conviction of the appellant is based on circumstantial evidence. Though the prosecution has tried to establish the motive, but there was no strong motive for the appellant to commit murder of the deceased. Even the death of the deceased cannot be conclusively said to be homicidal as no injury marks were found on the body of the deceased nor any poisonous substance was found in the body of the deceased in the FSL report. The dead body of the deceased was found in her own house which was locked from outside and the lock was opened with a key given by Hiralal Karsh (PW-1) and as such, the said house was accessible to Hiralal Karsh also and it cannot be conclusively said that it was the appellant alone who committed the offence in question. 12. Mr. Soni further submits that even if the prosecution story is taken on its face value, then also the offence said to have been committed by the appellant would not travel beyond the purview of Section 304 IPC as the appellant is said to have caused death of the deceased on a spur of moment and there was no premeditation and the appellant had not acted cruelly. The appellant was enraged when he came to know that number 7 of persons come and visit the deceased and had found some objectionable items in her mobile phone upon which a sudden quarrel took place. As such, his conviction may be altered to Section 304 of the IPC, instead of Section 302 of the IPC or may be acquitted of the charges and this appeal may be allowed. 13. On the other hand, Mr. Priyank Rathi, learned counsel appearing for the State/respondent submits that the learned trial Court has rightly arrived at a finding with regard to the guilt of the appellant and the learned trial Court was fully justified in convicting and sentencing the appellant for the offences in question. The judgment is based on evidence available on record and as such, the same does not warrant any interference and the appeal deserves to be dismissed. 14. We have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 15. In the present case, the dead body was found after a week by which time the entire body had started decomposing and foul smell was coming out. The Doctor conducting the postmortem vide his report (Exhibit P/34) had opined that the cause of death could be ascertained only after the FSL examination. Though in the postmortem report, the nature of death was not specifically written but on a query being made by the Police, in the query report (Exhibit P/55), this witness had opined the nature of death to be homicidal on the basis of the fact of recovery of the dead body from inside the Diwan. In the FSL report (Exhibit P/56), no poisonous substance has been found in the body of the deceased. 16. P.S.Bhagat (PW-12), Senior Scientific OfÏcer, Scene of Crime, Mobile Unit, Bilaspur, vide spot inspection report (Exhibit P/40) has opined that 8 it appeared that the deceased was done to death by throttling and thereafter, the dead body was concealed inside Diwan after wrapping in a bed sheet. 17. From the evidence of the witnesses, it transpires that the deceased had planned to go to Kondagaon on 23.01.2019 but when she did not reach, her mother tried to contact the deceased over phone, no contact could be made as the phone was switched off. On 25.01.2019, when Hiralal Karsh (PW-1) reached the house of the deceased, he found the door locked which was informed by him to the daughter of the deceased and also the mother of the deceased. On 29.01.2019, Kajal Mandal (PW-3) mother of the deceased, Saniya Mallik and Rupesh Haldar (PW-2) came from Kondagaon and reached the house of the deceased where they found the door locked. They intimated the police and when the door was opened using another key, they entered the house from where foul smell was coming out and on opening the Diwan, the dead body of the deceased was found wrapped with a bedsheet. 18. Even if the death was natural, the dead body would not have been found wrapped in a bedsheet inside a Diwan. Further, it is not necessary that there should be any signs on the body of the deceased if he is done to death by throttling. The circumstances in which the dead body was found inside the locked house and that too, from inside a Diwan wrapped in a bedsheet goes to suggest that the death was not normal and it was done with an intention of concealing the offence of murder. 19. From the possession of the appellant, the mobile phone, ornaments, wrist watch, ATM Card, Voter Card, Driving Licence, PAN Card, Debit Card, RC Book of a vehicle has been recovered for which the appellant has not been able to give any explanation as to how these articles belonging to the deceased came to be in his possession. The articles seized have 9 been duly identified by the mother and daughter of the deceased vide Exhibit P/8 and P/9 in presence of the Executive Magistrate, Korba. 20. The deceased expired in the intervening night of 22/23.01.2019 but her mobile phone was being used by the brother of the appellant and was active in the area of Pune. The said mobile was also recovered at the instance of the appellant. On 23.01.2019, the appellant stayed in Shree Ganesh Hotel, Champa and in the register (Exhibit P/12) of the Hotel, he concealed the fact that he had come from Korba. Even in the statement under Section 313 Cr.P.C., the appellant had admitted that he had arrived at Shree Ganesh Hotel on 23.01.2019 at about 4:30 p.m. and stayed upto 7:30 a.m. of 24.01.2019. The police had also seized the video footage of the hotel where the appellant stayed wherein the appellant was 21. So far as the contention of the appellant that the door of the house of the deceased was opened with a key which was handed over by Heeralal Karsh (PW-1), it is amply clear that the said key belonged to some other lock but by chance the said key could open the lock which was afÏxed at the door of the house of the deceased as the make of both the lock and key were different. 22. From the evidence of Sub-Inspector Rajesh Chandravanshi (PW-15), it is clearly established that on 30.01.2019 he prepared and sent a notice under Section 41 CrPC to the Cyber Cell, Korba, seeking call detail records, location details, and other information related to mobile phone numbers 9399304872, 8197156285, 7999075176, and 6260740801. The said witness stated in his deposition that on 31.01.2019, on the basis of the report received from the Cyber Cell, it was found that the deceased’s mobile handset bearing IMEI numbers 357278080996094 and 357278080996086 was active with mobile number 9370946035. 10 Upon verification, the SIM of mobile number 9370946035 was found to be registered in the name of Rahuth Shukla Das, son of Ratindra Shukla Das, resident of 12, Om Sai Complex, Navlak Umbrej, Pune. Similarly, it was found that mobile number 7999075176 belonged to Hiralal Karsh, mobile number 8197156285 belonged to the appellant, and mobile number 6260740801 belonged to the deceased. On examination of the call detail records so obtained, it was revealed that the deceased was in continuous telephonic contact with the convict Ranu Shukla Das on his mobile number 8197156285, and that the convict had also been in contact with Hiralal Karsh on his mobile number 7999075176. On the basis of the location details of the said mobile phone, it was found that at the time of the incident, the mobile location of the convict / appellant was in Korba. This fact is further corroborated by the statement of PW-7, Head Constable Durgesh Kumar Rathore, and by the documentary evidence exhibited during his testimony. 23. The evidence of Durgesh Kumar Rathore (PW-7), establishes that the subscriber of mobile number 8197156285 is the appellant-Ranu Das, son of Ratindra Shukla Das, resident of 35, Santhegate, BLR-1, Karnataka. The location details of the said mobile phone show that on 19.01.2019, the phone travelled from Pune (Maharashtra) to Nagpur, Rajnandgaon, Durg, Raipur, Bilaspur, Janjgir-Champa, and Salikhabhatha, Barpali. On 20.01.2019 at 21:42 hours, its location was found at MP Nagar, Niharika Road, Korba, Manikpur, Korba, and on 21.01.2019 at 08:21 hours, it was located at Ravishankar Nagar, Korba, as mentioned in Exhibit P-26. On 23.01.2019 at 12:36 hours, the last recorded location of mobile number 8197156285 was found to be Ravishankar Nagar, Korba, as mentioned in Exhibit P-26. It was further found that mobile number 8197156285 (belonging to the convict) was in 11 continuous contact, from time to time, with mobile number 9399304872 (belonging to the deceased). The subscriber of mobile number 9399304872 is the deceased - Supriya Mallik, wife of Mantu Mallik, resident of 119, Ward No. 23, Krishna Nagar, Korba, and the IMEI number of her mobile handset is 357278080996094. As per the call detail records obtained, mobile numbers 8197156285 and 9399304872 were in regular and continuous contact. Information regarding IMEI number 357278080996094 of mobile number 9399304872 was received through an ofÏcial email sent by the nodal ofÏcer. It was found that on 25.01.2019 at 14:12 hours, a Reliance Jio SIM card bearing mobile number 9370946035 was activated on the said IMEI. The subscriber of mobile number 9370946035 was found to be Rahuth Shukla Das, son of Rathindra Shukla Das, resident of 12, Om Sai Complex, Navlakh Umbari, Talegaon, Maval, Pune (Moffusil). The said IMEI 357278080996094 was installed in the mobile handset of the deceased. It was thus found that the deceased’s mobile handset was taken away by the accused, and thereafter mobile number 9370946035 was activated on the same handset and used by the accused. 24. From the subscriber application form of Jio Company relating to mobile number 9399304872, it is proved that the said mobile number was allotted to the deceased upon her application to the company. From the call detail records exhibited as Exhibit P-28, it is proved that the said mobile number was active on a mobile handset bearing IMEI number 357278080996094. The call detail records further establish that mobile number 9399304872 was continuously used on the handset bearing IMEI number 357278080996094, and its location was consistently shown as Korba. The deceased resided at Korba. 12 25. From the subscriber application form of Airtel Company relating to mobile number 8197156285, it is proved that upon application by the convict, the said mobile number was allotted to him. From the call detail records exhibited as Exhibit P-26, it is proved that the said mobile number was active on a handset bearing IMEI number 352802089332510, and that the said number was continuously used on that handset. Similarly, from the subscriber application form of Jio Company relating to mobile number 6361333946, it is proved that the said mobile number was allotted to the convict. From the call detail records exhibited as Exhibit P- 30, it is proved that the said mobile number was active on a handset bearing IMEI number 352801089332519, and that the said number was continuously used on that handset. Both the aforesaid mobile numbers were found to be continuously active within the residential area of the accused. In his statement recorded under Section 313 CrPC, the convict has also admitted that mobile numbers 8197156285 and 6361333946 belonged to him, and he also admitted the call detail records of mobile number 8197156285 (Exhibit P-26). Thus, it is proved that both mobile numbers 8197156285 and 6361333946 were being used by the accused, and that the handsets in which these numbers were used bore IMEI numbers 352802089332510 and 352801089332519, respectively. 26. From the subscriber application form of Jio Company relating to mobile number 9370946035 (Exhibit P-31), it is proved that the said mobile number was issued in the name of Rahuth Shukla Das, son of Rathindra Shukla Das, who is the brother of the appellant- Ranu Shukla Das. From the call detail records exhibited as Exhibit P-32, it is proved that from 25.01.2019 onwards, mobile number 9370946035 was used in the mobile handset of the deceased bearing IMEI number 13 357278080996094, from within the residential area of the accused, and such usage continued till 01.02.2019. 27. From the above analysis, we are of the considered opinion that the view taken by the learned trial Court with regard to conviction and sentence awarded to the appellant is just and proper warranting no interference. Accordingly, the appeal being devoid of merit is liable to be and is hereby dismissed. 28. The appellant/convict is stated to be in jail. He shall serve out the sentence awarded by the trial Court by means of the impugned judgment of conviction and order of sentence passed by the learned trial Court. 29. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing the jail term, to serve the same on the appellant informing him that he is at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon’ble Supreme Court with the assistance of High Court Legal Services Committee or the Supreme Court Legal Services Committee. 30. Let a certified copy of this order alongwith the original record be transmitted to trial Court concerned forthwith for necessary information and action, if any. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.01.07 20:22:47 +0530