1 2026:CGHC:18646-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1181 of 2024 Umend Singh Rathia S/o Anjor Singh Rathia Aged About 45 Years R/o Kerwa Botalpara, P.S. Kartala, District : Korba, Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Station House Officer, Kartala, Police Station Kartala, District : Korba, Chhattisgarh ... Respondent (Cause Title taken from Case Information System) For Appellant : Mr. Rajeev Kumar Dubey, Advocate For Respondent/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice. 23/04/2026 1. Though the matter is listed for hearing on I.A.No.02/2024, application for suspension of sentence and grant of bail, but Digitally signed by ALOK SHARMA Date: 2026.04.29 11:16:09 +0530 2 considering the fact that the appellant is in jail since 12.09.2021, this Court proceeds to hear the appeal finally. 2. The appellant has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 24.02.2024 passed by the learned Sessions Judge, Korba (District Korba) in Sessions Case No. 129/2021, whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with a fine of Rs. 500/-, and in default of payment of fine, to undergo additional imprisonment for six months. 3. The case of the prosecution, in brief, is that on 08.09.2021 at about 14:40 hours, the complainant, Chherku Ram Rathia (PW- 1), lodged a merg intimation before the police stating that at about 12:30 PM, his neighbour, Umend Singh Rathia (the accused), had committed the murder of his wife, Smt. Chaito Bai, by assaulting her with a wooden stick (danda) on suspicion of her character. On the basis of the said information, merg intimation (Exhibit P-02) was recorded and thereafter FIR (Exhibit P-23) was registered against the appellant for the offence punishable under Section 302 of the Indian Penal Code. The inquest over the dead body (Exhibit P-07) was prepared in the presence of 3 witnesses, and the dead body was sent for postmortem examination to the Community Health Centre, Kartala, District Korba. PW-05, Dr. K.B. Singh, conducted the postmortem examination and issued the postmortem report (Exhibit P-13). During the postmortem, the following injuries were found on the body of the deceased:— (i) Lacerated wound over the middle of the chin, measuring 5 × 3 cm, with swelling; (ii) Contusion near the right lower jaw with fracture of the mandible and broken teeth; (iii) Lacerated wound on the left frontal region of the head, measuring 3.5 × 2 cm; (iv) Contusion marks over the entire chest region with underlying muscle haematoma.” 4. After conducting the postmortem examination, the doctor opined that the cause of death was excessive haemorrhage and shock resulting from the injuries sustained on the body, and that the death was homicidal in nature. 5. The saree and blouse of the deceased were seized vide seizure memo (Exhibit P-18). Blood-stained and plain soil were also seized from the spot vide seizure memo (Exhibit P-10). The spot map (Exhibit P-20) was prepared by the police, whereas another spot map (Exhibit P-15) was prepared by the Patwari. The 4 appellant was arrested on 12.09.2021, and a wooden club (danda) bearing blood-like stains was seized from his possession vide seizure memo (Exhibit P-09). 6. The said wooden club was sent to the doctor who had conducted the postmortem examination for his opinion (query report), and the doctor furnished his report (Exhibit P-14), which is as follows: (i) Whether the death of the deceased could have been caused by assault with the seized wooden club? Opinion: It may be possible that death could be caused by assault with the said wooden club. (ii) Whether human blood was present on the seized wooden club, baniyan, and towel? Opinion: It could not be determined; therefore, chemical examination (FSL) was recommended. (iii) Whether the injuries causing death were inflicted by the said wooden club? Opinion: It may be possible; the injuries caused by the said wooden club were of a nature likely to cause death. 7. The blood-stained and plain soil seized from the spot, the wooden club (danda) seized from the appellant, and the saree and blouse of the deceased were sent for chemical examination to the Regional Forensic Science Laboratory, Bilaspur. As per the FSL report (Exhibit P-28), blood was detected on the wooden club (Article ‘A’), blood-stained soil (Article ‘B’), the saree (Article 5 ‘D1’) and blouse (Article ‘D2’) of the deceased, as well as the appellant’s vest (Article ‘E1’) and towel (Article ‘E2’). Human blood was detected on Articles ‘A’, ‘D1’, ‘E1’, and ‘E2’, and blood of group ‘A’ was found on the wooden club (Article ‘A’). 8. The statements of the witnesses under Section 161 of the Code of Criminal Procedure were recorded and, upon completion of the investigation, a charge-sheet was filed against the appellant for the offences punishable under Sections 302 and 201 of the Indian Penal Code before the learned Judicial Magistrate First Class, Kartala, District Korba. The case was thereafter committed to the Court of the learned Sessions Judge, Korba, for trial. 9. The learned trial Court framed charges against the appellant for the offences punishable under Sections 302 and 201 of the Indian Penal Code. The appellant denied the charges and claimed to be tried. 10. In order to prove the charges, the prosecution examined as many as 10 witnesses. The statement of the appellant under Section 313 of the Code of Criminal Procedure was also recorded, wherein he denied the incriminating circumstances appearing against him, pleaded innocence, and stated that he was suffering from mental illness and had been falsely implicated. The 6 appellant examined one defence witness, namely, Jitendra Kumar (DW-1). 11. Upon appreciation of the oral and documentary evidence on record, the learned trial Court convicted and sentenced the appellant, as stated hereinabove, which has given rise to the present appeal. 12. Learned counsel for the appellant submits that the prosecution has failed to prove its case beyond reasonable doubt. It is contended that there are material omissions and contradictions in the evidence of the prosecution witnesses, rendering their testimonies unreliable. The alleged eyewitnesses, namely Chherku Ram Rathia (PW-01), Anguri Rathia (PW-02), and Mayawati (PW-04), have not supported the prosecution case in their court depositions and were declared hostile, as they failed to affirm the actual act of assault by the appellant. It is further submitted that the incident is alleged to have occurred inside a closed house, and inconsistencies as to whether the witnesses saw the incident through a window or reached the spot subsequently create doubt regarding the identity of the assailant. It is further contended that the chain of circumstances is incomplete and does not form a consistent sequence pointing 7 unerringly towards the guilt of the appellant. The memorandum and seizure witnesses, namely Karam Singh (PW-09) and Parmeshwar Prasad Rathia (PW-03), have not fully supported the prosecution case in their examination-in-chief, particularly with regard to the recovery of the weapon in their presence. It is also submitted that the appellant was suffering from mental instability at the time of the incident, as sought to be supported by the testimony of Jitendra Kumar (DW-01) and medical documents (Exhibit D-01), suggesting that the appellant was not in a sound state of mind to understand the nature of his acts. It is further argued that no clear and consistent motive has been established by the prosecution, as the allegation that the appellant doubted the character of the deceased is based on mere suspicion without cogent corroboration. In the absence of reliable and clinching evidence, and in view of the plea of insanity, it is submitted that the appellant has been falsely implicated and is entitled to acquittal. 13. Per contra, learned counsel for the State has opposed the aforesaid submissions and contended that there is sufficient evidence on record to establish that the appellant committed the murder of Chaito Bai. It is submitted that although some witnesses have turned hostile, their earlier statements and the 8 surrounding circumstances—particularly the presence of the appellant at the scene holding a wooden club (danda) inside a house bolted from within—lend assurance to the prosecution case. It is further submitted that, as per the FSL report (Exhibit P- 28), human blood of ‘A’ group was detected on the seized wooden club as well as on the towel and vest of the appellant, corresponding with the blood found on the clothes of the deceased. This scientific evidence constitutes a strong incriminating circumstance against the appellant. The medical evidence of Dr. K.B. Singh (PW-05) further corroborates that the fatal injuries sustained by the deceased, including fracture of the mandible and head injuries, were caused by a hard and blunt object like the seized weapon. It is thus argued that the learned trial Court has rightly appreciated the evidence on record, including the failure of the appellant to offer a plausible explanation for the homicidal death occurring inside his dwelling, thereby attracting the principle embodied in Section 106 of the Evidence Act. It is contended that there is no illegality or perversity in the impugned judgment warranting interference by this Court. 9 14. We have heard learned counsel for the parties and considered their rival submissions made herein above and also gone through the records of the trial court with utmost circumspection. 15. So far as the homicidal death of the deceased Chaito Bai is concerned, the learned trial Court has rightly relied upon the evidence of PW-05, Dr. K.B. Singh, who conducted the postmortem examination. The said witness has deposed that on 09.09.2021, he conducted the postmortem of the deceased and found a lacerated wound on the middle of the chin, fracture of the mandible (lower jaw), lacerated injury on the left frontal region of the head, and extensive contusions over the chest. He has opined that the death was homicidal in nature and was caused due to excessive hemorrhage and shock resulting from ante- mortem injuries. The postmortem report has been exhibited as Exhibit P-13, and the witness has also proved the query report relating to the seized weapon (Exhibit P-14). In cross- examination, nothing material has been elicited to discredit his testimony regarding the nature and cause of death. 16. The aforesaid medical evidence (Exhibit P-13) stands duly corroborated by the merg intimation (Exhibit P-02) and the inquest report (Exhibit P-07), wherein the injuries on the body of the deceased have also been noted. Thus, the finding recorded 10 by the learned trial Court that the death of the deceased was homicidal in nature is based on proper appreciation of evidence and does not suffer from any illegality or perversity. 17. So far as the involvement of the appellant in the offence is concerned, the case of the prosecution rests on circumstantial evidence, supported by the testimonies of the family members and other witnesses, including PW-01 Chherku Ram Rathia, PW- 02 Anguri Rathia, PW-04 Mayawati, and PW-08 Jawahar Lal. As per the prosecution case, on the date of the incident at about 12:30 PM, the deceased was found lying in a blood-stained condition in the house of the appellant. It has also come in evidence that the appellant suspected the character of the deceased, which is alleged to be the motive for the occurrence. 18. PW-2 Anguri Rathia and PW-04 Mayawati, in their statements recorded during investigation, stated that while they were watching television, they heard a commotion and, on looking through the window, saw the appellant assaulting the deceased with a wooden club (danda) inside the house, which was bolted from within. However, in their court depositions, these witnesses did not fully support the prosecution case and were declared hostile. Nevertheless, their testimony to the extent that it 11 establishes the presence of the appellant at the place of occurrence at the relevant time cannot be discarded. 19. PW-1 Chherku Ram Rathia and PW-08 Jawahar Lal have deposed that upon being informed, they reached the spot and found the appellant present near the deceased, who was lying in an injured condition, and that the appellant was holding a wooden club. They have further stated that the appellant was apprehended and tied near the house of the Sarpanch by the villagers. Their evidence supports the prosecution case with regard to the immediate circumstances in which the deceased was found and the presence of the appellant at the scene. 20. The evidence on record further indicates that the weapon used in the offence was recovered, and as per the FSL report (Exhibit P- 28), human blood of ‘A’ group was found on the wooden club, as well as on the towel and vest of the appellant. The medical evidence also establishes that the injuries sustained by the deceased were caused by a hard and blunt object, which is consistent with the nature of the seized weapon. 21. Thus, the aforesaid circumstances, taken cumulatively, along with the scientific and medical evidence and the presence of the appellant at the scene, form a chain of circumstances pointing 12 towards the involvement of the appellant in the commission of the offence. 22. It is well settled, as laid down by the Hon’ble Supreme Court in Trimukh Maroti Kirkan v. State of Maharashtra, (2006) 10 SCC 681, that Section 106 of the Evidence Act does not relieve the prosecution of its primary burden to prove the case beyond reasonable doubt. However, where certain facts are especially within the knowledge of the accused, his failure to offer any plausible explanation may provide an additional link in the chain of circumstances. This principle assumes significance particularly in cases where the offence is committed within the privacy of a dwelling house and the accused is shown to be present at or around the time of occurrence. 23. In the case of Balvir Singh v. State of Uttarakhand, (2023) Live Law (SC) 861 the Hon’ble Supreme Court in Para 33 and 34 has held as under: “33. Section 106 of the Evidence Act, states as under: "106. Burden of proving fact especially within knowledge. When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustration (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.(b) A is charged with 13 travelling on a railway without a ticket, The burden of proving that he had a ticket is on him. 34. Section 106 of the Evidence Act referred to above provides that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. The word "especially" means facts that are pre-eminently or exceptionally within the knowledge of the accused. The ordinary rule that applies to the criminal trials that the onus lies on the prosecution to prove the guilt of the accused is not in any way modified by the rule of facts embodied in Section 106 of the Evidence Act. Section 106 of the Evidence Act is an exception to Section 101 of the Evidence Act. Section 101 with its illustration (a) lays down the general rule that in a criminal case the burden of proof is on the prosecution and Section 106 is certainly not intended to relieve it of that duty. On the contrary, it is designed to meet certain exceptional cases in which it would be impossible or at any rate disproportionately difficult for the prosecution to establish the facts which are, "especially within the knowledge of the accused and which, he can prove without difficulty or inconvenience". 24. In the present case, the deceased was found dead with homicidal injuries inside the house of the appellant, and the appellant has failed to offer any satisfactory explanation as to the circumstances in which the deceased sustained such injuries. In such circumstances, the absence of explanation on the part of the appellant constitutes an additional incriminating circumstance against him. 14 25. From the evidence on record, it stands established that the appellant was present at the place of occurrence at the relevant time, and the deceased was found shortly thereafter in a critically injured condition inside the house. The wooden club (danda) seized in the case was found, as per the FSL report (Exhibit P- 28), to be stained with human blood, including blood of ‘A’ group. These circumstances, when cumulatively considered, lend substantial support to the prosecution case and point towards the involvement of the appellant in the commission of the offence. 26. The testimony of the witnesses, to the extent it is found reliable, along with the medical evidence and the query report, establishes that the deceased sustained fatal injuries on vital parts of her body, including the head and chest, by a hard and blunt object, resulting in her homicidal death. In view of the entire evidence available on record, we find no reason to take a view different from that taken by the learned trial Court. 27. The appeal filed by the appellant is devoid of merits, liable to be and is hereby dismissed. The appellant shall undergo the entire sentence awarded by the learned trial Court. 28. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is 15 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. 29. Let a copy of this judgment and the original records be transmitted to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Ved/Alok