RAJU YADAV @ DURGACHARAN Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 14/1/2004 passed by IInd Additional Sessions Judge, Durg in Sessions Trial No. 7/2003 whereby and where under after holding the appellant guilty for the commission of offence of culpable homicide amounting to murder of his wife Santoshi and concealing the evidence of criminal case, convicted the appellant under Sections 302 and 201 of the Indian Penal Code and sentenced imprisonment for life and rigorous imprisonment for 5 years.

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

(3.) As per case of the prosecution, on fateful intervening night of 4-5/3/2001 appellant were present along with his wife Santoshi (since deceased) in his house situated at Chhawani Basti, Bhilai District Durg. On second day at about 9:30 A.M. PW-4 Tukaram Patel was informed by member of ward Bhagwat Chaturvedi and Jagatram Khutle that house of Santoshi was locked from outside and body of somebody is lying inside the house and there is suspicion about some incident, he telephoned Police Station Jamul. Police Station Jamul recorded Rojnamcha vide Ex. P-9 and proceeded for spot. Panchnama of house was prepared vide Ex. P-1. Spot map was prepared vide Ex. P-2. Kundi of the door was broken, dead body of Santoshi was found lying in the room with injury over her neck. Dehatinalishi was recorded on the spot vide Ex. P-5. Dehatimarg was also recorded on the spot vide Ex. P-8. On the basis of Exs. P-5 and P-8 finally First Information Report vide Ex. P-6 and marg intimation vide Ex. P-7 were recorded. After summoning the witnesses vide Ex. P-12, inquest over the dead body of deceased Santoshi was prepared vide Ex. P-2. Dead body was sent for autopsy to District Hospital, Durg vide Ex. P-13. PW-9 Dr. P.K. Agrawal conducted the autopsy vide Ex. P-4 and found following injuries:-