VINOD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 18.7.2003, passed by the Sessions Judge, Raigarh in S.T.No.139/2002, whereby and whereunder, the learned Sessions Judge, after holding the appellant guilty for commission of capable homicide amounting to murder of his wife Kajli and son Kahnu, convicted the appellant under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000 in default of payment of fine to further undergo RI for 6 months of his wife Kajli and also convicted under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay a fie of Rs.2,000 in default of payment of fine to further undergo RI for 6 months for murder of his son Kahnu respectively. The sentences were directed to run concurrently.

(2.) The conviction is impugned on the ground that without any iota of evidence sufficient for conviction of the appellant, court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) Briefcase of the prosecution is that the present appellant was having love affair with the deceased Kajli and finally he got married with Kajli as a result of their love, son Kanhu born. The appellant was having suspicion on the character of his wife Kajli. On Tuesday 18.12.2001, the appellant came to the house of his mother-in-law Rukhnibai (PW1), where his wife Kajli and son Kanhu were residing. He took his wife and son with him and proceeded from village Konpali to his village Tetia. While going to their village, on the way, the appellant alongwith his wife Kajli and son Kanhu stayed in ther house of Sahodra (maternal aunt (Mausi) of Kajli) at village Chapora. There they ate meal and proceeded for village Tetla at about 3.00 p.m. Kajli demanded 2 broom sticks (Jhadu) from Sahodra and took the broom sticks with her. On second day i.e. 19.12.2001, they went to the house of Panchusar (PW4). On 20.12.2001, dead bodies of Kajli and Kanhu were found in the village near Bahaladipa Nala, where villagers of Tetla (Tarda) saw the dead bodies and went to Police Station. FIR was registered vide Ex. P16. Panchusar (PW4) lodged the merg vide Ex. P6 and Ex. P7. The Investigating Officer left for the scene of occurrence and after summoning the witnesses, inquest over the dead body of Kajli and Kanhu was prepared vide Ex. P10 and Ex. P11. During the course of inquest, the dead bodies were identified as the bodies of Kajli and Kanhu. Dead bodies were sent for autopsy to C.H.C. Pusaur vide Ex. P14A and Ex. P15A, where Dr. R.N. Mandavi (PW9) conducted autopsy on the dead body of Kajli vide Ex. P14 and found following injuries: