1 CGHC010122832025 2026:CGHC:31951-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 779 of 2025 Chaman Sahu S/o Sunder Sahu Aged About 24 Years R/o Bemta, Police Station - Tilda- Nevera, District - Raipur (C.G.) ... Appellant versus State of Chhattisgarh Through - S.H.O., P.S. - Bhatapara (Rural), Dist. - Balodabazar-Bhatapara (C.G.) ... Respondent For Appellant : Mr. Ashish Shrivastava, Senior Advocate assisted by Ms. Sangeeta Mishra and Mr. Rahul Ambasht, Advocates. For Respondent/State : Mr. S.S.Baghel, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 27/07/2026 1. Heard Mr. Ashish Shrivastava, learned Senior Advocate assisted by Ms. Sangeeta Mishra, Mr. Rahul Ambasht, learned counsel for the appellant as well as Mr. S.S. Baghel, learned Government Advocate, appearing for the State/ respondent. 2. Today, though the matter is listed for hearing on I.A. No.01 of 2025, which is an application for suspension of sentence and grant to the appellants, however, considering the fact that the appellant is in jail since ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 28.06.2019 and with the consent of learned counsel for the parties, the appeal is heard finally. 3. This criminal appeal filed by the accused/appellant under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhina, 2023 (for short, ‘BNSS’) is directed against the impugned judgment of conviction and order of sentence dated 16.07.2021 passed by the learned Additional Sessions Judge, Bhatapara, District – Balodabazar-Bhatapara (C.G.) in Sessions Trial No. 28/2019, whereby the accused/appellant has been convicted and sentenced with a direction to run all the sentences concurrently in the following manner : CONVICTION SENTENCE U/s 302 of the Indian Penal Code (for short, the IPC) Life imprisonment and fine of Rs.500/- and in default of payment of fine amount, additional RI for 01 month U/s 302 of IPC Life imprisonment and fine of Rs.500/- and in default of payment of fine amount, additional RI for 01 month U/s 307 of IPC RI for 10 years and fine of Rs.500/- and in default of payment of fine amount, additional RI for 01 month U/s 450 of IPC RI for 10 years and fine of Rs.500/- and in default of payment of fine amount, additional RI for 01 month 4. The appellant/convict was charged under Sections 302 (two counts), 307, and 450 of the IPC on the allegation that on 22.06.2019 at about 05:00 a.m., at Village Mopka, Police Station Bhatapara (Rural), with the intention of committing the murder of Kunjmati Verma and Manju Verma, he cut their throats with a knife which he was carrying in his hand, thereby intentionally causing their deaths. It was further alleged that he assaulted the complainant, Vishwasa Bai Verma (PW-1), on her neck 3 with the knife and caused such grievous injury that, had the complainant died, the appellant would have been guilty of murder. It was also alleged that he committed criminal house-trespass by entering the complainant's house with the intention of committing an offence punishable with imprisonment for life, namely, the murder of Kunjmati Verma and Manju Verma. 5. The prosecution case, in brief, is that on 22.06.2019, upon receiving information over mobile phone, R.S.Singh (PW-15), Station House Officer, Police Station Bhatapara (Rural), went to Village Mopka, where Vishwasa Bai (PW-1) reported that the appellant Chaman Sahu had murdered her co-wife Kunjmati Verma and her granddaughter Ku. Manju Verma by slitting their throats with a knife, and had also attempted to kill her by slitting her throat with a knife. On this basis, Dehati Merg Intimation (Exhibit P-16 and P-17) and Merg intimations (Exhibits P-28 and P-29) were registered. The complainant Vishwasa Bai Verma (PW-1) lodged a Dehati Nalishi stating that three persons were residing in the house, namely herself, her co-wife Kunjmati Verma, and her granddaughter Ku. Manju Verma. She stated that she had been bringing up her granddaughter Manju Verma since childhood. In the month of February, her granddaughter Manju Verma had gone to Village Bemetara with her neighbour Hemlata Sahu to the house of Hemlata's sister Maina Sahu for visiting the Somnath fair. Since then, Chaman Sahu, the younger brother-in-law of Maina Sahu, had developed one- sided love for her granddaughter Manju. About one and a half to two months prior to the incident, the appellant had come to their house at Mopka, whereupon they had lodged a report at the police station, and thereafter the matter was compromised. On 22.06.2019, at about 5:00 a.m., when her co-wife Kunjmati had gone towards the backyard (Badi), 4 the appellant who was already present there, pushed Kunjmati and brought her into the courtyard. At that time, they raised cries for help. Thereafter, appellant assaulted Kunjmati Verma with a knife on her neck and slit her throat, thereby murdering her. Kunjmati died due to excessive bleeding. Inside the room, her granddaughter Ku. Manju Verma and her friend Hemlata (PW-4) were sleeping. Chaman Sahu went there, assaulted Ku. Manju Verma on her neck with a knife, slit her throat, dragged her into the courtyard, and again slit her throat with the knife, thereby killing her. The complainant further stated that the appellant, with the intention of killing her, assaulted her on the neck with a knife and slit her throat. Thereafter, out of fear, the appellant hid himself in the attic of the house. 6. The incident was alleged to be witnessed by Hemlata Sahu (PW-4), Devkumar Dhruv (PW-3), and Shanti Bai (PW-2). On the basis of the complainant's Dehati Merg, the same was registered at Police Station Bhatapara (Rural) as Merg No. 0/19 under Section 174 of the Cr.P.C. and an inquiry was undertaken. Thereafter, on the basis of the Merg Intimation (Exhibit P-16) and the Dehati Nalishi (Exhibit P-15), FIR (Exhibit P-27) was registered at Police Station Bhatapara (Rural) as Crime No. 246/2019 against the appellant for the offences punishable under Sections 302, 307 and 450 of the IPC. The police prepared the spot map (Exhibit P-20) of the place of occurrence in the presence of witnesses. On the same day, notices (Exhibits P-21 and P-22) were issued to the witnesses requiring their presence during the inquest proceedings in respect of the deceased Ku. Manju Verma and Kunjmati, respectively. Thereafter, in the presence of witnesses, the inquest report of deceased Ku. Manju Verma (Exhibit P-23) and the inquest report of deceased Kunjmati (Exhibit P-24) were prepared. An application (Exhibit 5 P-18) was forwarded to PHC, Mopka for the medical examination of the injured Vishwasa Bai (PW-1). On the same day, an application (Exhibit P-19) was sent to CHC, Bhatapara for the medical examination of the appellant. On the same day, a duty certificate was issued to Constable Manmohan Khande for getting the post-mortem examination of the dead bodies conducted. The bodies were sent for postmortem whereupon the Medical Officer conducted the post-mortem examinations and issued the post-mortem report of the deceased vide Exhibit P/41 and P/42. On the said date, upon production by Vishwasa Verma (PW-1), one ladies' blouse bearing blood-like stains and one green, black, yellow and pink striped printed sari having blood-like stains at several places were seized in the presence of Shanti Dhruv (PW-2) and Devkumar (PW-3), and a seizure memo (Exhibit P-2) was prepared. The memorandum statement of the appellant (Exhibit P-5) was recorded in the presence of witnesses Sitaram (PW-6) and Budharu Ram (PW-10). Pursuant to production by the appellant, one small blood-stained knife having a white and green plastic handle, with an overall length of 20 cm, handle length of 10 cm, pointed blade with an average width of 1.8 cm, being a sharp-edged pointed knife, and another small sharp-edged pointed knife having an orange plastic handle, with an overall length of 19 cm, handle length of 9 c.m., blade length of 10 c.m., and blade width of 1.5 c.m., were seized in the presence of witnesses, and a seizure memo (Exhibit P-6) was prepared. From the place of occurrence, blood lying near the dead body of deceased Kunjmati Verma was collected by absorbing it on white cotton and kept in a plastic container. A separate plastic container containing plain white cotton was also seized. Blood-stained stone fragments, weighing about 100 grams, collected after breaking the flooring stone near the dead body of deceased Kunjmati Verma, were 6 also kept in a plastic container. Further, one black strap wristwatch, lying near the dead body of deceased Kunjmati Verma, stained with blood and bearing the inscription "V8 Collection C-21-13", was seized in the presence of witnesses, and a seizure memo (Exhibit P-7) was prepared. 7. During the course of investigation, from the place of occurrence, approximately 100 grams of blood-stained soil lying near the dead body of deceased Manju Verma was collected and kept in a plastic container. Approximately 100 grams of plain soil from near the dead body of deceased Manju Verma was dug out and kept in another plastic container. Blood lying near the dead body of deceased Manju Verma was collected by absorbing it on white cotton and kept in a plastic container, and another plastic container containing plain white cotton was also seized. The aforesaid articles were seized in the presence of witnesses, and a seizure memo (Exhibit P-8) was prepared. Upon production by the appellant, one old used pair of jeans bearing the label "FOBB", having blood-like stains thereon; one old used blue full-sleeved striped checked shirt, having the inscription "VINTAGE Studio 9" on the collar portion and bearing blood-like stains; and one old used slate-coloured full-sleeved collared T-shirt bearing blood-like stains, were seized in the presence of witnesses, and a seizure memo (Exhibit P-9) was prepared. From the place of occurrence, approximately 100 grams of plain flooring stone from near the dead body of deceased Kunjmati Verma, after breaking it into small pieces, was seized in the presence of witnesses and a seizure memo (Exhibit P-10) was prepared. 8. Constable Manmohan Khande (PW-8) produced a sealed packet containing the clothes worn by the deceased Kunjmati Verma, namely, her sari, blouse and petticoat, after bringing the same from CHC, 7 Bhatapara. The said articles were seized in the presence of witnesses, and a seizure memo (Exhibit P-12) was prepared. He produced another sealed packet containing the clothes worn by the deceased Manju Verma, namely, her top and leggings, after bringing the same from CHC, Bhatapara. The said articles were seized in the presence of witnesses, and a seizure memo (Exhibit P-13) was prepared. 9. On 27-06-2019, the appellant was arrested in the presence of witnesses, and an arrest memo (Exhibit P-30) was prepared. Intimation of his arrest (Exhibit P-31) was given to his relative, Radhika Prasad Sahu. An application (Exhibit P-34) was submitted to the Tahsildar, Bhatapara, requesting the concerned Patwari to prepare the spot map of the place of occurrence. On 07.08.2019, Patwari Nageshwar Dhruv (PW-11) prepared the spot inspection memorandum (Exhibit P-3) and the spot map (Exhibit P-4) of the place of occurrence in the presence of witnesses. On 14.08.2019, an application (Exhibit P-33) was submitted to the Medical Officer, Community Health Centre, Bhatapara, seeking examination of the articles seized in the case and a query report thereon. Upon examination of the seized articles, the Medical Officer furnished query reports (Exhibits P-43 and P-44). The statements of the witnesses were recorded by the police. On 18.09.2019, an application (Exhibit P- 36) was forwarded through the Superintendent of Police to the Director, State Forensic Science Laboratory, Raipur, for chemical examination of the articles seized in the case. The acknowledgment of receipt thereof is dated 24.10.2019. On 10.01.2020, the FSL Report (Exhibit P-38), along with the forwarding application (Exhibit P-37), was received. 10. Upon completion of the entire investigation, a charge-sheet was filed by the Police before the Court of the Judicial Magistrate First Class, 8 Bhatapara for the offences punishable under Sections 302, 307 and 450 of the Indian Penal Code which was registered as Criminal Case No. 657/2019. Thereafter, the case was committed to the Court of Sessions vide order dated 04.10.2019 and was registered as S.T. No. 28/2019. 11. Charges for the offences punishable under Sections 302, 307 and 450 of the IPC were framed against the appellant. The appellant denied the charges and prayed for trial. 12. In order to prove the charges, the prosecution examined Vishwasa Verma (PW-1), Shanti Dhruv (PW-2), Dev Kumar (PW-3), Hemlata Sahu (PW-4), Girwar Prasad Verma (PW-5), Sitaram Jaiswal (PW-6), Kotwar Sumru Das Manikpuri (PW-7), Constable Manmohan Khande (PW-8), Constable Ravi Prakash Kanwar (PW-9), Budharu Ram Nishad (PW- 10), Patwari Nageshwar Dhruv (PW-11), Constable Trilokinath Verma (PW-12), Constable Lok Singh Kanwar (PW-13), Head Constable Madhav Prasad Sahu (PW-14), Sub-Inspector R.S.Singh (PW-15), Station House Officer, Naresh Chauhan (PW-16), Dr. K.V. Tarak (PW- 17), and Dr. A.K. Tiwari (PW-18) and exhibited as many as 44 exhibits. 13. In his examination under Section 313 of the Cr.P.C., the appellant stated that he was innocent and had been falsely implicated. When called upon to enter his defence, he expressed that he did not wish to adduce any defence evidence but exhibited the Police statement of Devkumar Dhruw (PW-3), Hemlata Sahu (PW-4) and Girvarram Prasad Verma (PW-5), exhibited as Exhibits D/1 and D/2, respectively. 14. The learned trial Judge, after considering the statement of witnesses and evidence available on record, convicted and sentenced the appellant/ appellant as detailed in the opening paragraph of this judgment. Hence, the present appeal by the appellant/convict. 9 15. Mr. Ashish Shrivastava, learned Senior Advocate appearing for the appellant/convict submits that the impugned judgment of conviction and order of sentence passed by the learned trial Court are contrary to law, facts and the evidence available on record and, therefore, deserve to be set aside. It is submitted that the learned Trial Court has failed to appreciate the evidence in its proper perspective and has recorded the findings of guilt on the basis of conjectures and surmises. The prosecution has failed to establish the guilt of the appellant beyond reasonable doubt; however, the learned trial Court has overlooked the material contradictions, omissions and improvements in the testimony of the prosecution witnesses. It is further submitted that the evidence of the prosecution witnesses does not inspire confidence and suffers from material inconsistencies, which have not been duly considered by the learned Trial Court. The learned Trial Court has also failed to appreciate that the medical, forensic and other circumstantial evidence do not conclusively corroborate the prosecution case. The alleged recoveries have not been proved in accordance with law and the investigation suffers from material infirmities and procedural lapses, thereby rendering the prosecution case doubtful. The findings recorded by the learned Trial Court are thus perverse, being unsupported by the evidence on record and contrary to the settled principles governing appreciation of evidence in criminal cases. Hence, he prays that the impugned judgment of conviction and order of sentence be set aside and the appellant be acquitted of all the charges. 16. On the other hand, Mr.S.S.Baghel, learned Government Advocate appearing for the State/respondent submits that the impugned judgment of conviction and order of sentence passed by the learned trial Court are well reasoned, based on proper appreciation of the oral as well as 10 documentary evidence, and do not suffer from any illegality, perversity or infirmity warranting interference by this Court. It is submitted that the prosecution has successfully established the guilt of the appellant beyond reasonable doubt by leading cogent, reliable and trustworthy evidence. The learned Trial Court has meticulously analysed the testimony of the injured eye-witnesses, which stands duly corroborated by the medical, forensic and scientific evidence on record. The alleged contradictions, omissions and discrepancies pointed out by the appellant are minor and natural in nature, which do not go to the root of the prosecution case and do not affect its credibility. It is further submitted that the recovery of the weapon of offence pursuant to the memorandum statement of the appellant has been duly proved in accordance with law and is further corroborated by the forensic evidence showing the presence of blood on the seized articles, including the weapon and the clothes of the appellant. The appellant has failed to offer any plausible explanation regarding his presence at the place of occurrence or the incriminating circumstances appearing against him, including the presence of blood on his clothes and the weapon recovered at his instance. The evidence of the injured eye-witness inspires full confidence and receives complete corroboration from the medical evidence regarding the nature and location of the injuries sustained by her. The findings recorded by the learned Trial Court are based upon a comprehensive and correct appreciation of the entire evidence on record and are in consonance with the settled principles governing criminal jurisprudence. The prosecution has proved all the essential ingredients of the offences beyond reasonable doubt, and the appellant has failed to demonstrate any material illegality, misreading of evidence or perversity in the findings recorded by the learned Trial Court. It is, therefore, 11 submitted that the appeal, being devoid of merit, deserves to be dismissed and the judgment of conviction and order of sentence passed by the learned Trial Court deserve to be affirmed and consequently, this appeal be dismissed. 17. We have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 18. There is no manner of doubt that the death of deceased Kunjmati and Ku. Manju is homicidal in nature in view of the deposition made by Dr. A.K.Tiwari (PW-18) who has stated in his deposition before the Court that, while he was posted as a Medical Officer at CHC, Bhatapara, on 22- 06-2019 at about 10:50 a.m., Constable No. 303, Manmohan Khande, of Police Station Bhatapara (Rural), produced before him for post-mortem examination the dead body of Kunjmati, wife of Jagannath Verma, aged about 56 years, resident of Village Mopka. The dead body was identified by Mahettar Verma, Dayalu Verma, and Constable Manmohan Khande. On conducting the post-mortem examination, he found that rigor mortis was present in the lower part of the body. There were blood stains on the face and ears, and clotted blood was present over the chest. He found the following injuries (i) A spindle-shaped incised wound (i.e., a wound having an open middle portion and tapering edges, characteristic of an injury caused by a sharp-cutting weapon) measuring 12 × 2 c.m., extending from the clavicle bone to the right armpit (from the neck to the right shoulder). (ii) A spindle-shaped incised wound measuring 2 × 1 c.m. on the left side of the neck, through which the blood vessels and muscles were cut and visible externally. (iii) An incised wound measuring 5 × 1.5 c.m. in the middle of the neck below the thyroid cartilage, through which 12 the blood vessels and muscles were cut and visible externally. 19. On internal examination, he found both chambers of the heart were devoid of blood. All the internal organs were bloodless. He opined that all the aforesaid injuries appeared to have been caused by a hard and sharp-edged weapon. The injuries were ante-mortem in nature and were grievous. The cause of death was syncope resulting from excessive haemorrhage due to severance of the left carotid artery and other blood vessels in the neck. The time since death was approximately 5 to 12 hours prior to the post-mortem examination. 20. This witness had also conducted postmortem examination of the dead body of Ku. Manju. On examination, he found that except for the undergarment, all the clothes were stained with blood-like stains. Clotted blood was present on the face of the deceased. Rigor mortis was present in the lower part of the body. The injuries were as follows: (i) A clean-cut spindle-shaped incised wound measuring 5 × 2 c.m. was present on the left side of the upper one-third of the neck, extending from the angle of the left mandible towards the neck, through which the blood vessels and muscles were found severed and visible. (ii) A clean-cut spindle-shaped incised wound measuring 1.5 × 2 c.m. was present over the sternum on the chest. On internal examination, he found that blood was present in the left side of the chest cavity. Injury No. (ii) had penetrated into the thoracic cavity. The trachea was filled with blood. The right chamber of the heart was empty, while the left chamber contained a very small quantity of blood. All the major blood vessels of the neck were severed. All the internal organs were devoid of blood. He opined that all the injuries had been caused by a hard and sharp-edged weapon. The injuries were ante-mortem in nature and were grievous. The nature of 13 death was syncope. The cause of death was shock resulting from excessive haemorrhage due to the severance of the blood vessels in the neck. The time since death was approximately 3 to 12 hours prior to the post-mortem examination. 21. The Medical Officer has opined that the death of Kunjmati was caused by syncope resulting from excessive haemorrhage due to severance of the left carotid artery and other blood vessels of the neck. Likewise, he has opined that the death of Ku.Manju was caused by shock resulting from excessive haemorrhage due to severance of the blood vessels in the neck. As such, it stands proved in the present case that the deaths of Kunjmati and Ku. Manju were not natural but were homicidal in nature. We hereby affirm the said finding of the learned trial Court. Even otherwise, this issue has not been seriously disputed by the learned counsel appearing for the appellant. 22. Now the question remains for consideration is as to whether it was the appellant who had caused deaths of Kunjmati Verma and Manju Verma by slitting their throats with a knife, and further attempted to commit the murder of the complainant Vishwasa Bai Verma (PW-1) by inflicting a grievous injury on her neck, and committed criminal house-trespass by entering the complainant's residence with the intention of murdering Kunjmati Verma and Manju Verma, thereby committing an offence punishable with imprisonment for life. 23. Vishwasa Bai (PW-1), who is an eye-witness to the occurrence, in her deposition before the learned trial Court, has deposed that the incident took place at about 5:00 a.m. during the month of Ashadh. According to her, the appellant had been hiding inside the septic latrine room prior to the incident. Her co-wife Kunjmati Verma had gone towards the backyard 14 (badi) to fetch water, whereupon the appellant opened the door leading towards the backyard and pushed Kunjmati, causing her to fall into the courtyard of the house. This witness has further stated that the appellant slit the throat of Kunjmati Verma with a knife. Due to profuse bleeding, Kunjmati Verma died at the spot. This witness has further deposed that Hemlata, who was the sister-in-law of the appellant’s brother, was present there, but the appellant drove her away. Thereafter, the appellant lifted her granddaughter Ku. Manju Verma, who was sleeping inside the room, slit her throat with a knife, and threw her onto the platform near the tub in the courtyard, as a result of which she also died. The witness further stated that she herself was standing in the verandah adjoining the courtyard, whereupon the appellant bolted all the doors from inside and slit her throat as well. Believing her to be dead, he locked her inside the room. The witness has also stated that she lodged the Dehati Nalishi, the Dehati Marg Intimation, and the Marg Intimation. She further stated that she was initially treated at the Community Health Centre, Baloda Bazar, and, considering the seriousness of her injuries, she was referred to Mekahara Hospital, Raipur. 24. As regards the medical examination of Vishwasa Bai (PW-1), she has deposed that she was medically examined. In this regard, Dr. K.V. Tarak (PW-17) has stated that on 22-06-2019, at about 4:00 p.m., after recording the particulars relating to the injuries sustained by Vishwasa Verma, he forwarded the same to the Station House Officer, Police Station City Kotwali, Baloda Bazar. According to this witness, an injury measuring 3.4 m.m. in length was noticed on the front of the neck of the injured. On being asked about the cause of the injury, Vishwasa Bai (PW-1) informed him that her throat had been cut with a sharp-edged weapon. Thus, Dr. K.V.Tarak (PW-17) has confirmed that Vishwasa 15 Verma had sustained an injury on her neck. Similarly, Dr. A.K. Tiwari (PW-18) has stated that, upon examining the injured Vishwasa Bai (PW- 1) on 22.06.2019, he found Injury No. 1, a clean-cut incised wound measuring 8 × 2 × 1 c.m. on her neck, and Injury No. 2, an abrasion measuring 4 × 1 c.m. on her right leg. Both injuries were found to be bleeding. According to this witness, Injury No. 1 had been caused by a hard and sharp-edged object, and, for determination of its nature, the injured was referred to Mekahara Hospital, Raipur. He further opined that Injury No. 2 had been caused by a hard and blunt object and was simple in nature. Thus, it stands established that an injury had been inflicted on the neck of the victim. 25. Similarly, Shanti Dhruv (PW-2), who, according to the prosecution, had gone to the house of Vishwasa Bai (PW-1) along with her husband Devkumar Dhruv and had witnessed the incident, has also supported the testimony of Vishwasa Verma (PW-1). In her deposition before the Court, she stated that at about 5:00 to 6:00 a.m., upon hearing cries from the neighbouring house, she, along with her husband, went there. When they reached, the appellant was standing at the door. As the appellant prevented them from entering the house, she went to inform the relatives of Vishwasa Bai (PW-1). When she returned, the door was closed, which was thereafter broken open by the villagers. Upon opening the door, they found the dead bodies of Kunjmati and Manju lying in the courtyard in a pool of blood, while the appellant had concealed himself. Thus, this witness has stated that the appellant had hidden himself after the incident. 26. Likewise, Devkumar Dhruv (PW-3) has also supported the prosecution case. He deposed that on the date of the incident, upon hearing cries of 16 "save, save" coming from the house of Vishwasa Bai (PW-1) and Kunjmati, he went there and found the appellant standing near the courtyard, while Kunjmati and Vishwasa (PW-1) were crying. According to this witness, when he attempted to intervene, the appellant abused him and slapped him. However, when his wife requested the appellant not to assault him, the appellant let him go. Thereafter, according to this witness, he called Kuleshwar, and his neighbour Sitaram also arrived. Thereafter, all three of them went towards the house, where they found the appellant sitting in the verandah. The appellant, holding a knife in each hand, chased them, whereupon they fled from the spot to save their lives. This witness has further stated that after the door of the house was broken open, they found the dead bodies of Kunjmati and Manju Verma lying in the courtyard. He further deposed that Vishwasa Bai (PW-1) was inside a room, where the appellant had confined her after locking the room, and that she had an injury on the front of her neck from which blood was oozing. According to this witness, the appellant had also attempted to murder Vishwasa Bai (PW-1) by cutting her throat. 27. Hemlata Sahu (PW-4), who, according to the prosecution, was sleeping at the house of Vishwasa Verma (PW-1) on the date of the incident, has stated in her deposition before the Court that while they were asleep, Kunjmati Verma, whom she referred to as her "younger grandmother", was shouting, "Save me, save my daughter." On hearing the cries, she woke up and saw the appellant holding Manju Verma by her hand, whereupon she ran outside to raise an alarm. She further stated that she informed their neighbour Devkumar and his wife Shanti about the incident and thereafter went to inform her mother, Kanti Bai. Thus, this witness has stated that the appellant was present in the house of Vishwasa Verma (PW-1) on the date of the incident. Similarly, Girwar 17 Prasad Verma (PW-5), who had gone to the house of Vishwasa Verma and Kunjmati Verma after being informed by Devkumar (PW-3), has deposed that on 22.06.2019, Kuleshwar Sahu came shouting that a person had entered the house of Kunjmati Verma and was assaulting the inmates. Thereupon, the villagers assembled and reached the spot, where they found that the door was locked from inside. After breaking open the door, they saw that Kunjmati Verma and Manju Verma had been murdered and blood was scattered all around. He further stated that the appellant had cut Vishwasa Bai's throat partially and had confined her inside a room. According to this witness, when the police arrived, they apprehended the appellant, who had climbed onto the upper portion of the house, and took him into custody. Thus, this witness also corroborates the testimony of Hemlata Sahu (PW-4) to the effect that the appellant had entered the house of Kunjmati and Vishwasa Verma and committed the incident. Similarly, Sumru Das Manikpuri (PW- 7) has also stated that, on the date of the incident, upon reaching the house of Kunjmati, he saw the dead bodies of Kunjmati and Manju. He further deposed that Vishwasa Bai's throat had been cut and blood was oozing therefrom. According to this witness, it was the appellant who had murdered Kunjmati and Manju and had caused injuries to Vishwasa Bai. Thus, the prosecution witnesses have consistently deposed that it was the appellant who committed the murder and the injuries. 28. On the basis of the memorandum statement of the appellant, the weapon used in the commission of the offence was recovered and seized. In this regard, R.S.Singh (PW-15) has stated in his deposition before the learned trial Court that, on 22.06.2019, he recorded the memorandum statement of the appellant (Exhibit P-5) in the presence of witnesses and, pursuant to the disclosure made by the appellant, he seized two knives 18 produced by him in the presence of witnesses and prepared the seizure memo (Exhibit P-6). In this connection, Sitaram Jaiswal (PW-6), who is a witness to the memorandum and seizure, has not supported the prosecution case with regard to the memorandum statement and the seizure. However, Budharu Ram Nishad (PW-10) has stated that the appellant made the memorandum statement (Exhibit P-5) and that, in accordance with Exhibit P-6, two knives were seized from the possession of the appellant. His testimony regarding the memorandum and seizure has remained unshaken. Therefore, it stands established that, on the basis of the memorandum statement of the appellant, the knife used in the commission of the offence was recovered from him. 29. According to the prosecution, blood-stained soil, plain soil, a wristwatch, and the blood-stained clothes of the deceased, the injured, and the appellant were recovered from the place of occurrence. In this regard, R.S.Singh (PW-15) has stated that, on 22.06.2019, he collected blood- stained soil, plain soil, and blood lying on the floor near the dead body of Manju Verma, lifted the blood with white cotton, placed the blood-soaked cotton and plain cotton in separate plastic containers, and prepared the seizure memo (Exhibit P-8). He further stated that he collected the blood lying near the dead body of Kunjmati Verma by using white cotton, placed the blood-soaked cotton and plain cotton in separate plastic containers, seized blood-stained fragments of the floor lying near the dead body of Kunjmati Verma, as well as a wristwatch having a black strap found near the dead body of Kunjmati Verma, and prepared the seizure memo (Exhibit P-7). He has further deposed that he seized a purple ladies' blouse and a pink printed sari belonging to the injured Vishwasa Bai, both bearing blood stains, and prepared the seizure memo (Exhibit P-2). He also stated that, upon production by the 19 appellant Chaman Sahu, he seized the clothes worn by the appellant at the time of the incident, namely, a blue denim jeans, a blue striped checked shirt, and a slate-coloured full-sleeved T-shirt, in the presence of witnesses, and prepared the seizure memo (Exhibit P-9). He further deposed that he seized approximately 100 grams of plain flooring stone from near the dead body of Kunjmati Verma, kept it in a container, and prepared the seizure memo (Exhibit P-10) in the presence of witnesses. So far as the seizure of the jeans, full-sleeved shirt and T-shirt from the appellant under Exhibit P-9 is concerned, Sitaram Jaiswal (PW-6) has stated that no such clothes were seized from the appellant in his presence. However, Budharu Ram Nishad (PW-10) has deposed that the clothes were seized from the appellant and has supported the prosecution case in this regard. As regards Exhibit P-10, relating to the seizure of pieces of the flooring near the dead body of Kunjmati Verma, after breaking the flooring into small fragments and placing them in a plastic container, Sitaram Jaiswal (PW-6) as well as Budharu Ram Nishad (PW-10) have not supported the prosecution case. 30. The articles seized from the place of occurrence as also the clothes, were sent to the State Forensic Science Laboratory, Raipur, for forensic examination, as deposed by Naresh Chauhan (PW-16). As per the FSL report (Exhibit P/38), blood was detected on the soil recovered from near the dead body of Manju Verma, the piece of flooring stone seized from near the dead body of Kunjmati Verma, the cotton seized from near the dead body of Manju Verma, the wristwatch seized from the place of occurrence, the sari, blouse and petticoat of Kunjmati, the leggings, top, undergarment and camisole of deceased Manju Verma, the sari and blouse of Vishwasa Bai, the jeans, belt, shirt and T-shirt of the appellant the knife, and the cotton recovered from the place of occurrence. Thus, it 20 stands established that blood was detected on the seized articles. Although the seizure witnesses have not supported the prosecution case with regard to the seizures under Exhibits P-8, P-7, P-2 and P-10, the unshaken testimony of the Investigating Officer remains on record in this regard. Accordingly, it stands proved that blood was found on the seized articles in the present case. 31. In the present case, the injured Vishwasa Verma (PW-1) has supported the prosecution case by stating that Kunjmati Verma and Manju Verma were murdered by knife blows. She has further stated that she herself also sustained injuries and that those injuries were inflicted upon her by the appellant with a knife. The injury sustained by Vishwasa Bai was on a vital part of her body. Similarly, Shanti Dhruv (PW-2) has stated that she saw the appellant present in the house of the deceased persons on the date of the incident. Devkumar (PW-3) has also deposed that he saw the appellant at the place of occurrence and that the appellant chased him with a knife. Thus, Shanti Dhruv (PW-2) and Devkumar (PW-3) are eye- witnesses to the incident. Likewise, Hemlata Sahu (PW-4) has deposed that she saw the appellant in the house of Kunjmati Verma and Manju Verma. According to the testimony of Giridhar Verma (PW-5), the appellant was present in the house of Vishwasa Bai, while the dead bodies were lying in the courtyard. Similarly, Sumru Das Manikpuri (PW- 7) has deposed that he saw the dead bodies of Kunjmati and Manju at the place of occurrence and also saw Vishwasa Bai with her throat cut. Budharu Ram Nishad (PW-10) has also supported the prosecution case by stating that the appellant was found hiding inside the house of Kunjmati and Manju. 32. Further, Dr. K.V. Tarak (PW-17) found an injury on the neck of Vishwasa 21 Bai, and Dr. A.K. Tiwari (PW-18) also found an incised wound measuring 8 × 2 × 1 c.m. on her neck. This establishes that Vishwasa Bai had sustained an injury on her neck and that the said injury had been caused by the appelant. Likewise, Dr. A.K. Tiwari (PW-18), upon conducting the post-mortem examinations of the deceased Kunjmati and Kumari Manju, opined that their deaths had occurred due to excessive haemorrhage resulting from the severance of the blood vessels in the neck. Thus, the testimony of the eye-witnesses regarding the causing of the deaths and the injuries stands corroborated by the medical evidence. 33. R.S.Singh (PW-15) has further deposed that he recorded the memorandum statement of the appellant (Exhibit P-5) and, in the presence of witnesses, seized the knife and prepared the seizure memo (Exhibit P-6). Budharu Ram Nishad (PW-10) has supported the prosecution case with regard to the appellant having made the memorandum statement and the consequent recovery of the knife. Thus, it stands established that the weapon of offence was recovered pursuant to the memorandum statement of the appellant According to R.S.Singh (PW-15), blood-stained soil, plain soil, blood lying on the floor at the place of occurrence, and a wristwatch were seized from the spot. He has further deposed that the ladies' blouse and sari of Vishwasa Bai, bearing blood stains, as well as the clothes worn by the appellant Chaman Sahu, namely, a pair of jeans, a shirt and a T-shirt, were also seized. The seized articles were sent to the Medical Officer for examination. Dr. A.K. Tiwari (PW-18) found blood-like stains on the clothes and advised that the stains be subjected to chemical examination. Although he stated that no blood-like stains were found on the clothes of the deceased Kunjmati Verma, the chemical examination report established the presence of blood on the clothes as well as on the weapon. The appellant has failed 22 to furnish any satisfactory explanation regarding his presence at the place of occurrence and the presence of blood on his clothes and the weapon. Consequently, all these circumstances point towards the guilt of the appellant. The prosecution has successfully proved, beyond reasonable doubt, all the essential ingredients of the offences punishable under Sections 302 (two counts), 307 and 450 of the Indian Penal Code against the appellant. The learned trial Court was fully justified in holding the appellant guilty for the offences punishable under Sections 302 (two counts), 307 and 450 of the IPC. 34. From the above analysis, we are of the considered opinion that the prosecution has been successful in proving its case beyond reasonable doubt and the learned trial Court has not committed any legal or factual error in arriving at the finding with regard to the guilt of the appellant/ convict. 35. Accordingly, the appeal being devoid of merit is liable to be and is hereby dismissed. 36. The appellant is stated to be in jail. He shall serve out the remaining part of the sentence as has been awarded to him by the learned trial Court. 37. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing his jail sentences 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. 23 38. Let a certified copy of this judgment alongwith the original record be transmitted to trial Court concerned forthwith for necessary information and action, if any. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE Chandra