RAJU @ DEVENDRA CHOUBEY Vs. STATE OF C G

JUDGEMENT

(1.) The above criminal appeals are being disposed of by this common judgment as they are directed against the judgment of conviction and order of sentence dated 29th January, 2005 passed in S.T. No. 44/04, whereby learned Additional Sessions Judge, Bemetara, Distt. Durg has convicted the Appellants under Sections 302/34 and 120B of the IPC and sentenced each of them to undergo life imprisonment, fine of Rs. 1000/- and fine of Rs. 1000/- respectively, and in default of payment of fine to undergo additional RI of three months.

(2.) Case of the prosecution, in brief, is that Appellant Shashi Tripathi is step mother-in-law of deceased Bhavna Tripathi whereas complainant Dr. Sharda Prasad Tripathi is husband of Shashi Tripathi. Jitendra Kumar - son of the complainant and husband of the deceased - is also a private doctor and practices at Village - Than Khamaria and resides there. His marriage with Bhavna Tripathi was solemnized in July, 2003. Shashi Tripathi used to be annoyed with Bhavna Tripathi on account of some domestic dispute. She engaged other Appellants on contract for murdering Bhavna. She conspired with them and planned her murder and in execution thereof, she was murdered on 25.11.2003 at about 18:30 hours in their house where she resided with Shashi Tripathi.

(3.) Report of the incident was lodged on 25.11.2003 at about 20:45 hours by Dr. Sharda Prasad Tripathi against two unknown persons. After registering the crime, inquest over the dead body of Bhavna was prepared on 26.11.2003. Her dead body was sent for autopsy to Community Health Center, Bemetara, where Dr. Naresh Tiwari and Dr. M. Deodhar conducted postmortem and gave their report of Ex.P/18. Station House Officer P. Santosh Rao prepared the spot map of Ex.P/5 on 26.11.2003. Spot map was also got prepared by the Halka Patwari vide Ex.P/6. Bloodstained shirt was taken into possession from Anil Sahu vide Ex.P/12; bloodstained wearing apparels of Appellant Shashi Tripathi were taken into possession vide Ex.P/13; broken bangles, bloodstained cement mortar and plain cement mortar were taken into possession vide Ex.P/29 from the place of incident. Necklace with locket lying on the floor of the bedroom of Bhavna Tripathi, green pieces of bangles, butt of Bristol cigarette, silver ring and lock of hair were taken into possession vide Ex.P/30. Shashi Tripathi, Mahesh Dhritlahre and Binu @ Chandra Prakash Tripathi were arrested on 29.11.2003. On the memorandum (Ex.P/22) of Binu @ Chandra Prakash, bloodstained knife was taken into possession vide Ex.P/24. On the memorandum (Ex.P/23) of Raju @ Devendra Kumar Choubey, one Suzuki motorcycle used at the time of commission of crime was taken into possession vide Ex.P/27. Specimen hair of head of Shashi Tripathi, Binu and Raju were taken into possession vide Ex.P/25, P/26 & P/28 respectively. After arrest of Mahesh Dhritlahre and Binu, test identification was conducted by the Executive Magistrate Shri. S.R. Diwan in Sub Jail, Bemetara, on 13.12.2003 vide Ex.P/8. Test identification of Raju Choubey @ Devendra Choubey was conducted on 26.12.2003 in Sub Jail, Bemetara, by the Executive Magistrate vide Ex.P/16. Shashi Tripathi was sent for medical examination to Government Hospital, Bemetara, and her medico legal examination report is Ex.P/20. One sealed packet containing hair found in the grip of the deceased and another sealed packet containing bloodstained clothing of the deceased, received from the hospital, were taken into possession vide Ex.P/35. The seized articles bloodstained and plain mortar from the spot, bloodstained clothes of the deceased, hair found in the grip of the deceased, bloodstained wearing apparels of Shashi Tripathi, bloodstained shirt of Anil Sahu, bloodstained knife seized from Binu Tiwari, sample of hair of Binu, Devendra and Shashi Tripathi were sent to Forensic Science Laboratory, Raipur for chemical examination vide Ex.P/39 and report of the FSL is Ex.P/41.