1 2026:CGHC:1641-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1562 of 2025 1 - Raja Chawle, S/o Hariram Chawle Aged About 21 Years (As Per The Impugned Order) R/o Kansabahar, P.S. Chhal, District- Raigarh (C.G.) ... Appellant versus 1 - State of Chhattisgarh Through P.S. Chhal District- Raigarh (C.G.) ... Respondent(s) For Appellant : Shri Shakti Raj Sinha, Advocate. For State : Shri Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board 12.01.2026 Per, Ramesh Sinha, CJ. 1 Though the matter was listed for orders on application for suspension of sentence and grant of bail to the appellant, however, with the consent of the parties, the matter is heard finally. 2 The present appeal has been filed by the appellant against the impugned judgment of conviction and order of sentence dated 13.05.2025 passed by the Additional Sessions Judge, Gharghoda, District Raigarh, in Sessions Case No.34/2019 whereby the appellant has been convicted for the offence under Sections 376, 302 and 307 INDRAJEET SAHU Digitally signed by INDRAJEET SAHU Date: 2026.01.14 10:40:28 +0530 2 IPC and sentenced to undergo RI for 10 years and fine of Rs.1000/-, RI for Life Imprisonment with fine of Rs.1000/- and RI for 3 years and fine of Rs.1000/- respectively with default stipulations. 3 Brief facts of the case are that, on 24.04.2009 at about 8:10 AM the complainant, PW-1, gave a merg intimation to the police that at about 6 AM he was being informed by villagers that his sister in law is lying dead inside her house and her clothes are disturbed. He rushed to the spot and asked from the daughter of deceased i.e. PW-3 then she disclosed that at about 10-11 PM in the previous night the appellant assaulted her mother by knife and she too was being assaulted by him and she also received injuries on her waist. He sent the injured PW-3 to the hospital. Merg Ex.P/1 was recorded by the police and body of deceased was sent for postmortem to Primary Health Centre, Chhal. Postmortem of the deadbody was conducted by PW-11 Dr. Shishir V. Rathore and gave postmortem report Ex.P/26 and found two stab injuries on the abdomen of deceased including other injuries on the body and opined the cause of death due to hemorrhage and shock as a result of stab wound on the abdomen, and nature of death is opinied to be Homicidal. Spot map Ex.P/3 was prepared by the police. MLC report of the daughter of deceased was obtained vide Ex.P/2 and X-ray report Ex.P/30. The FIR Ex.P/16 was registered against the appellant for the offence under Sections 302 IPC. On the memorandum statement of the appellant Ex.P/9, one Knife was seized from him vide seizure memo Ex.P/10. The appellant was also medically examined by Dr.V.K. Khunte, PW-8 and obtained MLC report Ex.P/11. The clothes of 3 deceased, vaginal slide, Viruses slide and uterus of deceased were seized by the police. The seized articles were sent for its chemical examination to FSL Raipur from where report Ex.P/25 was received, according to which, blood was found on the sent articles except the plain soil, clothes of appellant and vaginal slides of the deceased. In the FSL report, no sperms and semen were found on the vaginal slide of the deceased. 4 The statement under Section 161 CrPC of witnesses were recorded. Statement of PW-3 under Section 164 CrPC was recorded and after completion of usual investigation, charge sheet was filed against the appellant for the offence under Sections,376, 302 and 307 IPC before the Judicial Magistrate First Class Dharamjaigarh. The case was committed to the Court of Sessions Judge Raigarh from where it has been transferred to the trial Court for its trial. 5 The trial Court has framed charges against the appellant for the offence under Sections 376, 302 and 307 IPC. The appellant abjured his guilt and claimed trial. 6 In order to establish the charge against the appellant, the prosecution has examined as many as 13 witnesses. Statement under Section 313 CrPC of the appellant has also been recorded in which he denied the circumstances appears against him, plead innocence and have submitted that he is innocent and falsely implicated in the offence. 7 After appreciation of oral as well as documentary evidence led by the prosecution, the trial Court has convicted the appellant and sentenced him as mentioned in opening para of this judgment. Hence this appeal. 4 8 Learned counsel for the appellant would submit that the prosecution has failed to prove its case beyond reasonable doubt. There are material omissions and contradictions in the prosecution witnesses which cannot be made basis to convict him in the offence in question. The case of the prosecution rests on the statement of PW-3 who is alleged to be an eyewitness, but there are material discrepancies in her evidence. She is a tutored witness and deposed on the instance of her mother. It was not possible for the appellant to enter into the house of deceased in the night time and assault her by knife. Had it been a case of consensual physical relation, the appellant would not have gone there having knife. If the appellant was intended to kill her, he would not have made physical relation with her. The house of deceased is adjoining to the house of other villagers. The alleged incident is of 10- 11 in the night, however, till morning PW-3 have not disclosed about the incident to anyone and even to any of her other family members. Therefore, there are sufficient circumstances to raise suspicion on the prosecution’s case, yet, the appellant has been convicted in the alleged offence. Therefore, the appeal may be allowed and the appellant be acquittal from all the charges. 9 On the other hand, learned counsel for the State opposes the submissions made by the appellant and would submit that the injured witness PW3 is a natural witness and her presence on the spot is also quite natural as she is daughter of deceased. She was also injured in the incident and the appellant could not brought any material with respect to involvement of any third person in the house at the time of 5 incident. The appellant also could not brought any witness with respect to animosity as to why PW-3 would make complaint against the appellant leaving the actual culprit if the appellant had not committed any offence. But for minor omission or contradiction, there are sufficient and overwhelming evidence against the appellant to convict him in the offence in question. Therefore, the judgment of conviction and sentence is absolutely justified and not required to be interfered with. 10 We have heard the counsel for the parties and perused the records of the case. 11 So far as homicidal death of deceased is concerned, it is not in dispute that deceased was found dead inside her house. The injury found on the body of deceased has been stated by the witness PW-3 that appellant caused injuries to her mother by knife. The knife injury on the body of deceased was also proved by Dr.Shishir V. Rathore, PW-11. He stated in his evidence that on 24.04.2019 he conducted postmortem of the dead body of deceased and found abrasion on forearm, multiple abrasions on right side of neck, two stab wound on her abdomen and her intestinal membrane was perforated. He opined the cause of death due to hemorrhage and shock on account of stab wound on abdomen and nature of death to be homicidal. He proved his report Ex.P/26. In cross examination, he remain firmed in saying that death of deceased was due to stab injuries on the abdomen and it was homicidal in nature. The defence could not extract any material from this witness so that homicidal death of deceased could be disbelieved. 6 Thus, from the evidence of doctor, the homicidal death is proved, which does not suffer from any perversity. 12 So far as the offence of Section 376 IPC is concerned, it is alleged by the prosecution that appellant firstly committed rape upon the deceased and thereafter caused knife injury on her abdomen twice. The incident is witnessed by PW-3 who is daughter of deceased. PW-3 have stated in her evidence that on the date of incident the appellant came in her house and after removing his entire clothes, he assaulted her mother by knife. After assaulting them, he fled away. In the next morning she informed the incident to her neighbour. She also states that in her statement made before the Magistrate Ex.P/6, she disclosed that after removing his clothes and the clothes of her mother also, he tried to caught her mother, laid upon her mother on the floor and when she shouted, he slapped her and pressed her neck. In cross examination, she denied the suggestions given by the defence that the appellant has not removed his clothes and the clothes of her mother and has not laid upon her. Witness to the inquest, PW-5, have also stated that when he reached on the spot, he saw the deceased in half naked condition and her blouse was disturbed. 13 From the evidence of Dr. Shishir V. Rathore, PW-11 and postmortem report, Ex.P/6, thick whitish coloured discharge material was found over the vagina of the deceased. In the semen slides of appellant and vaginal slides of deceased, human sperms were found present in the FSL report, which confirms sexual relation with the deceased before her death. The evidence of PW-3 as well as medical evidence and FSL 7 report duly corroborated with each other that just before the incident, the deceased was subjected to rape by the appellant and no infirmity is found by this court in the conviction of appellant for the offence under Section 376 IPC also. 14 So far as the offence under Section 307 IPC is concerned, it is alleged that the appellant attempted to commit murder of witness PW-3 also by giving knife blow on her. PW-3 has duly supported the prosecution case that on the date of incident when she saw the appellant committing the offence of rape and murder of her mother, she shouted and then appellant gave knife blow upon her also and she received injury on her waist. 15 PW-9, Dr. S.K. Painkra, who medically examined PW-3 have stated in his evidence that on examining PW-3 on 24.04.2009 he found incised wound on her lower back part which was caused by hard and sharp object. The injuries were simple in nature and his MLC report is Ex.P/12. He also examined the knife and gave report that injury found on the body of injured could have been caused by the said knife and gave his query report Ex.P/14. In cross examination he reiterated that the injury found on the body of injured is simple in nature. 16 For the offence under Section 307 IPC, it is the the intention coupled with some overt-act to be seen and not the nature of injuries. The manner in which the injured has been assaulted by the appellant by knife, it cannot be said that he was not intended to kill the injured as he already killed her mother by giving two knife blows on her abdomen. It is not a case here that appellant have assaulted the injured only, but 8 while committing the offence of rape, he committed murder of the deceased and also gave knife blow to witness PW-3 and thus it can safely be held under the evidence available on record, the appellant had intention to commit murder of injured also. Though she received simple injury on her lower part of waist, but intention could be gathered by the surrounding circumstances that appellant intended to give severer blow upon the injured. 17 In Hari Mohan Mandal Vs. State of Jharkhand, 2004(12)SCC 220, the Supreme Court has observed in paragraph 11 as under : “11. It is sufficient to justify a conviction under Section 307 if there is present an intent coupled with some overt act in execution thereof. It is not essential that bodily injury capable of causing death should have been inflicted. If the injury inflicted has been with the avowed object or intention to cause death, the ritual nature, extent or character of the injury or whether such injury is sufficient to actually causing death are really factors which are wholly irrelevant for adjudging the culpability under Section 307 IPC. The Section makes a distinction between the act of the accused and its result, if any. The Court has to see whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in the Section. Therefore, it is not correct to acquit an accused of the charge under Section 307 IPC merely because the injuries inflicted on the victim were in the nature of a simple hurt.” 18 So far as involvement of appellant in the offence of murder of deceased is concerned, the case is rest on the evidence of PW-3 who is daughter of deceased and an eyewitness to the incident. PW-3 is 9 years old daughter. She stated in her evidence that on the date of incident when she and her mother were in the house, the appellant came there, removed clothes of her mother and thereafter gave knife blow on the abdomen of her mother and thereafter he assaulted to her also by knife. After giving blows by knife, he fled away to his house. She further 9 states that the appellant came to her house and after removing his clothes and clothes of her mother, he tried to caught her mother and laid upon her, she shouted and then the appellant gave knife blow. She made her statement before Magistrate at Gharghoda which is Ex.P/6. Her mother died due to knife injuries. In cross examination she denied the suggestions given by the defence that she was not there in the house at night. She also denied that appellant has not caused any injuries to her mother or her. She clearly stated that she identified the appellant that he entered into her house and due to marriage function in her neighborhood, her screaming could not be heard her neighbors. From her evidence, the defence could not be able to point out any discrepancy which makes the appellant liable to be acquitted or to say that he has not committed any offence. The quality of evidence given by PW-3 can be said to be the sterling quality and she can very well be considered to be the sterling witness. There is no discrepancy in her evidence that she could be treated as tutored witness. She is 9 years daughter of deceased and her presence on the post was quite natural. She cannot be said to be falsely implicated the appellant by leaving the actual culprit. 19 PW-1, Karan Singh, has also supported the evidence of PW-3 that in the morning the injured PW-3 had informed him that the appellant has committed murder of her mother and she too was injured by him. She gave merg intimation Ex.P/1 and lodged Dehati Nalisi Ex.P/2 to the police. 10 20 PW-2, Ram Singh Agriya, also supported the prosecution case that in the morning PW-3 had informed him that the appellant has committed murder of her mother and then he called other neighbors and had gone to place of incident. This witness has denied the suggestion given by the defence that the appellant has not committed any offence. 21 In the FSL report Ex.P/25 blood was found on the seized articles i.e. bloodstain soil seized from spot, the bed-sheet, knife seized from appellant and clothes of the deceased. The knife seized from the appellant was sent for its query report to Dr.S.K. Painkra, PW-9, and he opined that injury found on the injured person would have been caused by the said knife. The said knife was found to be stained with blood for which there was no explanation by the appellant. 22 Considering the entire evidence available on record, the trial court convicted the appellant for the offence under Section 302 IPC for committing murder of the deceased, in which also this court does not find any infirmity or illegality. The injured PW-3 though is a child witness, but her evidence does not suffer from any discrepancy or any infirmity. 23 Accordingly, we do not find any perversity in the conviction and sentence awarded to the appellant for the alleged offence of committing rape and murder of the deceased as well as attempt to commit murder of injured PW-3. 24 As a fallout and consequence of the above discussion, the appeal filed by the appellant is hereby dismissed. He shall undergo the entire sentence awarded by the trial court. 11 25 Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing his jail sentence 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. 26 Record of trial court be sent back along with copy of this judgment for necessary compliance. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice inder