RAMKUMAR BAGHEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this appeal filed under Section 374(2) Cr.P.C., the appellant has challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 7.5.2016, passed by the 6th Additional Sessions Judge, Raipur (CG) in S.T.No.59/2014, whereby and whereunder the appellant stands convicted for committing murder of Kalindri Bai under Sections 302 and 201 of the IPC and sentenced him to undergo imprisonment for life and fine of Rs.100/-, in default of payment of fine to further undergo R.I. for 3 months; and R.I. for 3 years and fine of Rs.100/-, in default of payment of fine to further undergo R.I. for 3 months respectively.

(2.) Brief facts of the case are that on 22.11.2013 at about 4.30 pm, Police Inspector, Sanjay Tiwari received an information at Police Station Khamtarai, Raipur that dead body of a lady was lying in the culvart behind Govardhan Nagar, on which, he went to the spot and prepared Dehati Merg(Ex.P22). The dead body was taken out from the culvart, which was tied with the sari of the decased by a heavy stone and it was identified by Mantora as that of one Kalindri Bai on the basis of her clothes (Ex.P1). Kalindri Bai was wife of Dilip Kumar Koshale(PW2). After summoning witnesses vide Ex.P4 and P5, inquest on the dead body of the deceased was prepared vide Ex.P10. On returning to the Police Station, numbered Merg Intimation- 105/2013 (Ex.P23) was lodged. The dead body was sent for postmortem examination vide Ex.P19 to District Hospital, Raipur, where Dr.S.K. Bagh (PW9) conducted postmortem and he opined that death was due to ashphyxia as a result of manual strangulation and injuries present on body caused with hard and blunt object. He also opined that the injuries were caused 24 hrs. prior to death, duration of death was within 36 hrs. prior to postmortem and death was homicidal in nature. The postmortem report is Ex.P20. FIR Ex.29 was lodged against unknown person on 22.11.2013 at about 6.30 pm. During investigation spot map was prepared by Patwari vide Ex.P11 and Investigating Officer prepared spot map vide Ex.P28. Memorandum of the accused/ appellant was recorded vide Ex.P13 and clothes(blue colour nighty) of the deceased, one mobile phone and motorcycle were seized at his instance vide Ex.P14 and P15. One bottle water of the culvart and a big stone which was tied along with the sari of the dead body were seized vide Ex.P17. After postmortem, dead body of the deceased was handed over to her husband, Dilip Kumar Koshale(PW2) vide Ex.P2. The appellant was arrested vide Ex.P25.

(3.) Statements of the witnesses were recorded and charge sheet was filed against appellant under Sections 302 and 201 of the IPC followed by framing of charge by the trial Court accordingly. The accused/ appellant denied the charges framed against him and prayed for trial.