ROOP SAI ORAON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 17-2-2005 passed by the 3rd Additional Sessions Judge, Ambikapur, in Sessions Trial No. 311/2004, whereby and whereunder learned Additional Sessions Judge after holding the appellant guilty for commission of culpable homicide amounting to murder of minor girl Ku. Prabha, aged 9 yeas, convicted the appellant under Section 302 of the IPC and sentenced him to undergo imprisonment for life and pay fine of Rs. 5,000/-, in default of payment of fine to further undergo RI for one year.

(2.) Conviction is impugned on the ground that without any iota of evidence, the Trial Court has convicted and sentenced the appellant, and thereby committed illegality.

(3.) As per case of the prosecution, on 18-5-2004 at about 4 p.m. 9 years' aged girl Ku. Prabha (since deceased) was present with her friends Ku. Phuleshwari and Ku. Poonam at Village Harratoli (Belsar), Police Station Shankargarh, District Surguja. The appellant came near Ku. Prabha and took her with him on the pretext that he will return back her on Thursday, but he did not return/take back Ku. Prabha to her parents. Thereafter, father of Prabha namely Cherhu (P. W. 1) enquired about his daughter, he also met the appellant at Bachwar whom the appellant told that he has left Prabha near Shiv Temple of Village Harratoli. On 22-5-2004 injured dead body of Ku. Prabha was found near a pond. Cherhu (P.W. 1) - father of the deceased lodged merg vide Exh. P-l. Inquiring Officer left for the scene of occurrence and after summoning the witnesses vide Exh. P-7, prepared inquest over the dead body of the deceased vide Exh. P-5. Spot map was prepared by the Inquiry Officer vide Exh. P-2: Dead body was sent for autopsy to Community Health Centre, Shankargarh vide Exh. P-8. Dr. Smt. J. Kujur (P.W. 5) conducted autopsy vide Exh. P-4 and found following symptoms and injuries :-