DEVNARAYAN ALIAS DEVLAL Vs. STATE OF CG

JUDGEMENT

(1.) This criminal appeal under Section 374 (2) of the Code of Criminal Procedure is directed against the judgment of conviction and order of sentence dated 12-5-2005 passed in Sessions Trial No. 449 of 2004, whereby learned Additional Sessions Judge, Baikunthpur, District Koriya, after holding the appellant guilty for committing murder of his wife Dhanmat Bai and concealing the evidence of criminal case, convicted him under Sections 302 and 201 of the IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs. 1000/-, in default of payment of fine to further undergo RI for six months and RI for one year respectively. All the sentences are directed to run concurrently. Prosecution case, in short, is that deceased Dhantmat Bai was the wife of the appellant. She was living with her husband - appellant in village Govindpur in the house of Somarsai (PW/9). Deceased Dhanmat Bai was cousin of Somarsai (PW/9). Rameshwar (PW/10) father of deceased was also residing in village Govindpur separately. On 23-11-2003 accused/appellant and his wife Dhanmat Bai went to Baikuntpur market at 8.00 a.m. thereafter they did not return to their house from the market. On 29-11-2003 Rajaram (PW/7) saw the dead body of one woman in his field near "Gadaguda nala" and informed the villagers about the incident. Thereafter, Heera Singh (PW/1) and Narayan Singh (PW/8) went to the spot and also saw the dead body.

(2.) Narayan Singh (PW/8) went to Police Station Baikunthpur and lodged merg intimation vide Ex.P/12 which was recorded by Lav Kumar Pandey (PW/ 17) on 29-11 -2003 as crime No. 67/2003. After summoning witnesses vide Ex.P/ 3, inquest over the dead body of the deceased was prepared vide Ex.P/4. Requisition for conducting autopsy of the dead body was sent to Community Health Centre, Baikunthpur, from where Doctor D.K. Chikenjuri (PW/14) along with Doctor Neelam Tirkey came and conducted autopsy on the spot. They gave their report vide Ex,P/I7 and found the dead body in following condition:

(3.) Spot maps were prepared vide Ex.P/9 & P/10, half burnt blouse and saree of deceased were seized from the spot vide Ex.P/1 & P/2. On the basis of merg intimation vide Ex.P/12, first information report was lodged by Investigating Officer I. Tirkey (PW/6) vide Ex.P/12. During the course of investigation, accused/appellant was arrested on 16-8-2004 vide Ex.P/20 and he made a discloser statement of 30 grams of kerosene oil in a plastic bottle vide Ex.P/14 and the same was seized at the instance of the appellant vide Ex.P/ 8. Clothes of the appellant were seized vide Ex.P/15. Seized articles were sent for chemical examination to FSL, Raipur vide Ex.P/18 but report thereof was not received.