GAINDURAM TEKAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In these two connected appeals which are arising out of same judgment of conviction and sentence, the appellants have called in question the legality and validity of impugned judgment of conviction and sentence dated 21.12.2011 passed by the Additional Sessions Judge Balod, District Durg, in ST No.54/2011 wherein the appellants have been convicted under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.100/...? each, in default of payment of fine to further undergo RI for 3 months each.

(2.) As per the prosecution case, the appellants committed murder of deceased Tulsa Bai, between 8...?10 am on 27.6.2010. According to the prosecution, accused Gainduram is the Baiga. Accused Hinsaram and Gainduram conspired to sexually exploit the deceased by calling her in the house of Gainduram in the morning of 27.6.2010 on the pretext of performing some rituals. Hinsaram went to the house of Tulsa Bai to invite her to a place named Chetna Kendra. When Tulsa reached there, Gainduram requested for sexual favour to which Tulsa Bai retaliated by filthily abusing the accused persons, on which both the accused persons dashed her head on a wall and thereafter struck repeated blows over her head by means of stone. She was also injured over her neck and abdomen by means of Murga Kati and thereafter she was throttled to death.

(3.) Merg intimation (Ex..?P/1) was lodged by one Bhalesh Kumar. Memorandum statement of Hinsaram was recorded vide Ex....?P/3 consequent to which Murga Kati was seized vide Ex....?P/4. Memorandum statement of Gainduram was recorded vide Ex...?P/3 consequent to which one Kurta and Dhoti was recovered vide Ex....? P/11. In the postmortem report (Ex....?P/16), the deceased was found to have sustained 16 injuries and death was opined to be due to asphyxia, on account of strangulation (throttling), homicidal in nature. There is no FSL report for proving the presence of blood over Murga Kati or over Kurta and Dhoti recovered from Gainduram. FIR (Ex....?P/21) was registered on 28.6.2010 against unknown persons. Dehati Nalishi (Ex....?P/22) was also registered against unknown persons.