SHIVMANGAL RAJWADE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appellant would call in question the legality and validity of the impugned judgment dated 26-3-2014 delivered in ST No.351 of 2011 whereby the Second Additional Sessions Judge, Surajpur, has convicted the appellant for committing offence under Sections 302 and 307 of the Indian Penal Code (for short 'the IPC') for committing murder of Sana (since deceased) and attempting on the life of injured Islamun Nisha @ Dhaneshwari (PW-1) at about 6.00 pm on 7-6-2011 and has sentenced him to undergo imprisonment for life and RI for 10 years respectively with fine amount and default stipulations.

(2.) Prosecution case, as reflecting from First Information Report (FIR) (Ex.P/2) and other material, is that the injured PW-1 Islamun Nisha @ Dhaneshwari lodged FIR (Ex.P/2) at 21.30 hours on 7-6-2011 informing the police that on 6-6-2011 she had gone to her sister PW-2 Kayaso's house at village Latori. PW-2 Kayaso's daughter Sana (deceased) and her husband Shivmangal Rajwade (appellant herein) were also residing at village Latori. The deceased was annoyed with her husband as he was not doing any work and was also suspecting her character. At about 3.00 pm in the afternoon of the date of incident the deceased and appellant had gone to their agricultural field for reaping the paddy crop. When they were returning at about 6.00 pm a fight broke out between them whereafter the deceased started fleeing to save herself, but the appellant caught hold of her and caused injuries over her neck by means of sickle. When the informant tried to save the deceased, the appellant also caused injuries over the head, hand and legs of the informant by means of sickle. When the informant started running away, the appellant again attacked over the deceased and caused injuries by sickle. Informant reached to village Lathori trijunction and narrated the incident to Loknath Rajwade and Shyamlal Yadav (both not examined).

(3.) On receiving the above information, the concerned Police reached the place of occurrence and Naksha Panchayatnama was prepared vide Ex.P/4. Plain soil and bloodstained soil was recovered from the place of occurrence vide Ex.P/5. The appellant was taken into custody and his memorandum statement was recorded vide Ex.P/6 consequent to which an iron sickle was recovered from his possession vide Ex.P/7.