BIBHUTI BHUSHAN SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 28.12.2013 passed by learned Sessions Judge, Raipur (C.G.) in Sessions Trial No. 274/2011, whereby, the appellant stands convicted and sentenced as under:-

(2.) In the present case, the name of deceased is Mini @ Minati. Case of the prosecution, in brief, is that Appellant Bibhuti Bhushan Sahu @ Bidyadhar Sahu booked one room in Citizen Hotel, Raipur mentioning his name as Bidyadhar Sahu where he was staying alongwith deceased Mini @ Minati in room No. 103 of the said Hotel from 04.08.2011. As per Ex.-P/7 Merg intimation was lodged on 07.08.2011 at about 11:00 am by PW- 2 Suresh Kumar Sahu, Manager of Citizen Hotel, in which he stated that at about 09:15 am on 04.08.2011, one person came alongwith one lady for staying in Hotel and got their name entered in the register maintained by the Hotel as Bidyadhar Sahu aged about 28 years and Minati Sahu aged about 22 years. At that time, Bidyadhar deposited Rs.500/- in advance and then PW-2 had given the key of room No. 103 of upper floor of the said hotel. PW-2 further stated that on 05.08.2011 at about 09:30 am, Bidyadhar again deposited Rs.500/- and on 06.08.2011, he (PW-2) did not see Bidyadhar entering or leaving the hotel on that day. Considering that Bidyadhar might have checked out on 07.08.2011 at about 10:30 am, he (PW-2) went towards room No. 103 of upper floor and when he peeped from window of that room, he saw a lady who came with Bidyadhar lying on the bed and some blood like clot was spread near her body and this was also seen by one Sisendu Sanyal.

(3.) After registering the merg (Ex.-P/7), the Investigating Officer Kumari Chandrakar (PW-16) alongwith staff left for the scene of occurrence and after breaking open the lock of room No. 103 which was locked from the outside, prepared Panchnama under Ex.-P/5 in the presence of witnesses. After preparing the Panchnama, they entered the room and seized latch & bolt vide Ex.-P/14. Thereafter, in the presence of witnesses, they inspected the place of occurrence, prepared Nazri-naksha vide Ex.-P/10 and gave notice to Panchnama witnesses vide Ex.-P/30. After taking photograph of dead body of the deceased, inquest of dead body was prepared vide Ex.-P/6 and cloths, brush, ladies underwear, browser, medimax soap etc from the room of the deceased were seized vide Ex.-P/13. The police personnel seized blood stained clothes, pillow cover, one red coloured hankerchief from the place of occurence vide Ex.-P/12. One entry register of Citizen Hotel was also seized from Suresh Sahu vide Ex.-P/8. Thereafter, the dead body of the deceased was sent for postmortem examination to Dr. B.R. Ambedkar Hospital vide Ex.-P/31 and the postmortem examination was conducted by Dr. S.K. Bagh (PW-5), who prepared his report Ex.-P/15. He noticed following injuries on the body of the deceased: