SANJAY KANNAUJE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 09.11.2011 passed by learned Additional Sessions Judge, Camp Dongargarh, District Rajnandgaon (C.G.) in Sessions Trial No. 05 of 2010, whereby the appellant stands convicted under Section 302 of IPC for committing murder of Ramesh Verma on 08.02.2010 and sentenced to undergo life imprisonment and fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) Case of the prosecution, in brief, is that on 08.02.2010 at 12:15 pm merg intimation (Ex.-P/6) was lodged by Gajanand Kathpute (PW-3) in police station Dongargarh informing that one dead body of unknown person is found near pump house gate of Pragiya Hills. The Investigating Officer reached the place of incident, gave notice (Ex.-P/7) to Panchas and prepared inquest (Ex.-P/8) on the body of the deceased in the presence of Gajanand Kathpute (PW-3) and other witnesses. The dead body of deceased- Ramesh Verma was sent for its postmortem examination to District Medical Officer, Dongargarh, where the postmortem examination was conducted by Dr. N. Sachdewa (PW-12), who prepared his report Ex.-P/15. As per postmortem report (Ex.-P/15), PW-12 found following injuries on the body of the deceased:

(3.) During investigation, blood stained stone, white coloured cap, one empty bottle of Haywards beer, empty liquor bottle of 8PM liquor, one empty bottle of country made liquor, three plastic disposable glasses and six water pouches, four empty pouches of Rajshri Gutkha, one pair of slippers etc were seized from the place of occurrence vide Ex.-P/9. As per Ex.-P/6 merg intimation on 10.02.2010 at 19:40 hours F.I.R. (Ex.-P/26) was registered under Section 302 IPC in the police station Dongargarh by Inspector Vishwas Chandrakar (PW-14) against the unknown person. Dead body of deceased Ramesh Verma was identified by PW-1 Jeevan Verma (brother of deceased), Lalita Verma (wife of deceased), Pushpa Verma (sister of deceased) and Radha Bai (mother of deceased) vide Ex.-P/1 & Ex.-P/4. During investigation, case diary statements of witnesses namely Chandu @ Jeevan Verma, Pushpa Verma, Harilal and Rakesh Verma vide Ex.-D/1, Ex.- D/2, Ex.-D/3 and Ex.-D/4 were recorded which revealed that accused/appellant Sanjay Kannauje was having illicit relation with Lalita Verma wife of deceased Ramesh Verma.