ISHWARI PRASAD SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 30-6-2003 passed by the 9th Additional Sessions Judge (F. T. C), Raipur, in Sessions Trial No. 21/2002, whereby and whereunder learned 9th Additional Sessions Judge after holding the appellant guilty for the offence punishable under Sections 302, 392 and 455 of the Indian Penal Code, sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months; rigorous imprisonment for three years and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for three months and rigorous imprisonment for three years and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) Judgment is impugned on the ground that without there being any credible and clinching evidence, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) Case of the prosecution, in brief, is that on the fateful day of 13-12-2001 between 11 to 12 at noon, deceased Maneshwari was present in her house, the appellant entered into her house and committed rape with her. After commission of rape, he has also committed robbery of articles of the property of the deceased and caused homicidal death amounting to murder. Dehati Nalishi was recorded vide Ex. P/l. After summoning the witnesses vide Ex. P/5, inquest over the dead body of the deceased was prepared vide Ex. P/6. F. I. R. was lodged vide Ex. P/2. Dead body was sent for autopsy to Community Health Centre, Nevra. Autopsy was conducted by Dr. Ku. Meena Samuel (PW-2) vide Ex. P/3 and found following injuries: