LALLU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 15.04.2011 passed by learned 2nd Additional Sessions Judge, Rajnandgaon, District Rajnandgaon (C.G.) in Sessions Trial No. 109 of 2009, whereby the appellant stands convicted under Section 302 of IPC for committing murder of Maana Bai on 26.10.2009 and sentenced to undergo life imprisonment & fine of Rs.500/-, in default of payment of fine to further undergo simple imprisonment for two months and under Section 450 of IPC for committing house trespass and sentenced to undergo rigorous imprisonment for five years & fine of Rs.500/-, in default of payment of fine to further undergo simple imprisonment for two months.

(2.) Case of the prosecution, in brief, is that as per information of PW-1 Mohini Bai (mother of deceased Maana Bai), dehahti merg (Ex.-P/14) at about 21:15 and dehatinalishi (Ex.-P/7) at about 21:30 hours were recorded at village Padumtara, Gumka by police on 26.10.2009 that her daughter was killed by unknown person in her house. Numbered merg intimation (Ex.- P/15) was also registered at about 22:40 hours on the same day. On the basis of Ex.-P/14, Ex.-P/7 & Ex.-P/15, F.I.R. (Ex.-P/6) was lodged under Section 302 of IPC under Crime No. 162/2009 in Police Station Gumka, Rajnandgaon against unknown person.

(3.) The Investigating Officer reached the place of incident, gave notice to Panchas vide Ex-P/1 and prepared inquest (Ex.-P/2) on the dead body of deceased Maana Bai in presence of PW-2 Dewaram Sahu, PW-5 Kanak Kumar Sahu and other witnesses. The dead body of deceased- Maana Bai was sent for postmortem examination to District Hospital, Rajnandgaon vide Ex.-P/16, where the postmortem examination was conducted by a team of two Doctors namely Dr. Rajesh Sadaani (PW-14) and Dr. P. Bhalerao, who prepared their report Ex.-P/16A. As per postmortem report (Ex.-P/16A), they found following injuries on the body of the deceased:-