INDRAJEET Vs. STATE OF M P NOW CHHATISHGARH

JUDGEMENT

(1.) These appeals are directed against the judgment dated 6th of February, 1996 passed in Sessions Trial No. 29/i994 by the Additional Sessions Judge, Khairagarh, Sessions Division Rajnandgaon.

(2.) By the impugned judgment, the appellants have been convicted under sections 302/34, Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of L 1,000/- with default sentence of additional imprisonment for 6 months.

(3.) The facts, briefly stated, are as under : The appellants are residents of Village Chingli. They were earning their livelihood by doing labour work in Nagpur (Maharashtra). They had brought Vimla Bai (deceased) from Nagpur to Village Chingli. On t.hat account a Panchayat was convened, but thereafter, the deceased was residing with appellant Chagan. On 19.10.1993. her dead body was found at an open place in village-Salbekala. Kotwar Gyan Das (P.W.1) lodged a Murg intimation (Ex-P- 1) of an unknown person. Later on, the body was identified. Inquest (Ex-P-7) on the dead body was prepared on 20.10. 1993. The dead body was sent for post-mortem. The dead body was in highly decomposed condition. There were no bony injuries. Almost all the organs were decomposed and no injury was found over the remaining organs. The autopsy surgeon (P.W.2) opined that it was difficult to ascertain the cause of death. About the duration, he opined that the death must have occurred 3 to 5 days prior to the autopsy. which was conducted on 21.10.1993. The autopsy report is Ex-P-6. For further investigation Viscera was pie served and was sent for chemical examination. According to the Chemical Examiner s report (Ex-D-1), received from FSL. Sagar, no poisonous substance etc. were found in Viscera. In further investigation, appellant-Chagan was taken into custody and his memorandum statement (Ex-P-3) under section 27 of the Evidence Act was recorded on 25.10.1993, and some clothes, belonging to the deceased, were seized at his instance vide seizure memo Ex-P-