JAIRAM TELANGA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under S. 374(2) of the CrPC is directed against the judgment of conviction recorded for offence under S. 302 of the IPC and sentence awarded i.e. imprisonment for life by the Additional Sessions Judge (F.T.C.), Dakshin Bastar, Dantewada by the impugned judgment dtd. 19/5/2016 in Sessions Trial No.73/2010.

(2.) The appellant herein was charged for offences under Ss. 376 read with S. 302 of the IPC stating that on 2/11/2009 at 7.50 p.m. at village Chintalanka near SPO Camp, Police Station Dantewada, he committed sexual intercourse with the deceased / prosecutrix against her wishes and thereafter, strangulated (throttled) her and subsequently, the prosecutrix / victim died on the same day at 11.30 p.m. in District Hospital, Dantewada. It is further case of the prosecution that the deceased was residing near SPO Camp, Chintalanka all alone and at the time of incident, she was ill having suffered from vomitting and loose?motion. Chandramani (PW?1), first informant / complainant, was looking her after. On 2/11/2009 at 7.50 p.m. when Chandramani (PW?1) heard noise near the house of the deceased, she went inside the house of the deceased along with Shyambati (PW?2), Gagri (PW?3) and Fulo (PW?4), then they noticed that the accused was committing intercourse with the deceased and when the accused noticed the presence of Chandramani (PW?1), Shyambati (PW?2), Gagri (PW?3) and Fulo (PW?4), he strangulated (throttled) the deceased, which Chandramani (PW?1) immediately reported to the Police Station Dantewada on 02.11.2009 at 9.30 p.m. and FIR (Ex.P?1) was registered for offences under Ss. 376 and 307 of the IPC. She was admitted to District Hospital, Dantewada where she died during the course of treatment and immediately thereafter in place of S. 307 of the IPC, S. 302 of the IPC was substituted and the matter was investigated by the jurisdictional police. During the course of investigation, inquest was conducted vide Ex.P?7 in presence of two witnesses and thereafter at the request of District Hospital vide Ex.P?8, Dr.Smt.Madhuri Shandilya (PW?5) conducted postmortem on 03.11.2009 and submitted her postmortem report vide Ex.P?4. On query, report was given by Dr.Smt.Madhuri Shandilya (PW?5) vide Ex.P?3. On completion of investigation, the investigating officer having found material against the present accused, charge?sheet under Ss. 302 and 376 of the IPC was filed against him. Later on, learned Magistrate committed the case to the Court of Sessions for trial by order of committal dtd. 23.2.2010. The accused abjured the guilt and entered into defence.

(3.) In order to prove the prosecution case, the prosecution examined as many as 9 witnesses and exhibited 17 documents Exs.P?1 to P?17. Statement of the accused/appellant under S. 313 of the CrPC was recorded in which he denied guilt. However, he examined none in his defence.