CHANDRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 23-12-2002 passed by the 3rd Additional Sessions Judge (FTC), Janjgir, in Sessions Trial No. 195/2002, whereby & whereunder learned Additional Sessions Judge after holding the Appellant guilty for commission of culpable homicide amounting to murder of his wife Kaushalya Bai and concealing the evidence of criminal case, convicted the Appellant under Sections 302 & 201 of the Indian Penal Code and sentenced him to undergo imprisonment for life & RI for three years, respectively.

(2.) Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted & sentenced the Appellant, and thereby committed illegality.

(3.) As per case of the prosecution, on the fateful day of 8-4-2002 at about 9 a.m. Appellant Chandra Kumar was present in house along with his wife Kaushalya Bai (since deceased), the Appellant caused fatal injury upon head of Kaushalya Bai and caused her death, thereafter, with a view to conceal the evidence of criminal case, the Appellant along with his father Laxmi Prasad burnt the dead body of Kaushalya Bai. Thereafter, factum of burns came to the knowledge of the villagers. The Appellant himself lodged merg which was recorded vide Ex.P-14. The Investigating Officer left for the scene of occurrence and after summoning the witnesses vide Ex.P-2, prepared inquest over the dead body of the deceased vide Ex.P-3. Plain soil and soil containing smell of kerosene was recovered from the spot vide Ex.P-4. Dead body was sent for autopsy to Primary Health Centre, Pamgarh vide Ex.P-5. Team of doctors comprising Dr. D.C. Choudhary (PW-5) and Dr. R.K. Agrawal conducted autopsy vide Ex.P-5 and found following symptoms/injuries: