SURENDRA KUMAR BHOYE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentenced dated 25-10-2008 passed by the Additional Sessions Judge, Sarangarh, Distt. Raigarh, in Sessions Trial No. 7/08, whereby & whereunder the Additional Sessions Judge after holding the appellant guilty for commission of mufder after committing robbery convicted him under Section 302 and 392 of the I. P. C. and sentenced to undergo imprisonment for life & fine of Rs. 10,000/-and R. I. for ten years & fine of Rs. 5,000/-, in default of payment of fine to further undergo R. I. for six months. The trial Court has also directed for payment of compensation of Rs. 10,000/- to husband of the deceased.

(2.) Conviction is impugned on the ground that without there being any iota of evidence the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, on the fateful day of 15-4-2007 at about 6 a.m. unfortunate deceased Sushila Bai, wife of Chakradhar (PW-4) went for ease towards field at village Jaipur, she was wearing golden necklace and nose pin, she did not come back to her house, her husband and other relatives searched her, her injured body was found in the field. Nose pin and golden necklace were missing. Merg was recorded vide Ex. P/l. Finally F. I. R. was registered vide Ex. P/24. Investigating officer left for scene of occurrence and after summoning the witnesses vide Ex. P/5A. prepared inquest of the body of the deceased vide Ex. P/6. Spot map was prepared by investigating officer vide Ex. P/3. Dead body was sent for autopsy to Community Health Centre, Baramkela vide Ex. P/17A. Dr. Smt. J. Choudhari (PW-10) conducted autopsy vide Ex. P/l8 and found marks like necklace over the neck, dried blood found over the nostrils, tongue beaten by teeth, nails cyanosed, cyanoses over neck and sign of inflammation. Cause of death was asphyxia as a result of strangulation and death was homicidal in nature. During course of investigation, on 5-10-2007 after lapse of about six months accused was taken into custody, he made disclosure statement of golden necklace and nose pin vide Ex. P/l 2. Water has been taken out from well and necklace was recovered at the instance of the appellant vide Ex. P/l3. which was identified by Chakradhar (PW-4), husband of the deceased and other relatives. Map was prepared vide Ex. P/15.