SHATRUHAN SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 7 -8 -2008 passed by the Sessions Judge, Kabirdham (Kawardha), in Sessions Trial No. 01/08, whereby and where under the Sessions Judge after holding appellant Shatruhan guilty for commission of lurking house trespass at night and causing grievous hurt after committing robbery by using deadly weapon and murder of Milabai while acquitting co -accused Sushilabai, convicted him under sections 302, 459 and 397 of the I.P.C. and sentenced to undergo imprisonment for life, R.I. for five years and R.I. for seven years. Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(2.) AS per case of the prosecution, in the month of June, 2007, husband of deceased Milabai, namely Ghasiram (PW -2) sold his agricultural land on consideration of Rs. 3,20,750/ -, he purchased ornaments of Rs. 40,000/ - for his wife i.e. kardhan of 5 chain, ornaments for leg and aithy, currency notes of 100, 20, 50 total Rs. 1,22,000/ - were kept in dibba and hidden under the rice. On 15 -10 -2007 Ghasiram (PW -2) went to village Pipariya with his wife Milabai, Milabai came back alone to her village Gopalbhawna, Ghasiram stayed in his in -laws house. On second day he was informed by telephone that his wife Milabai died, he came to his house where he saw dead body of his wife, some persons have committed theft of currency notes kept in rice, they have also removed laccha, kardhan, aithy and silver and golden ornaments from the body of the deceased and committed her murder. He lodged dehati nalishi vide Ex. P/2. Dehati merg was recorded vide Ex. P/3. Police Officer left for scene of occurrence and after summoning the witnesses vide Ex. P/18 inquest over dead body of Milabai was prepared vide Ex. P/19. Spot map was prepared by Investigating Officer vide Ex. P/4. Extra key of lock of room of the deceased was seized vide Ex. P/6. Part of necklace was seized from the husband of the deceased vide Ex. P/11. Dead body of the deceased was sent for autopsy to District Hospital, Kabirdham. Dr. Santosh Luniya (PW -4) conducted autopsy of Milabai vide Ex. P/14 and found following injuries: - -

(3.) IN order to prove the guilt of the accused, the prosecution has examined as many as thirteen witnesses. Accused were examined under section 313 of the Code, in which they denied the circumstances appearing against them and claimed innocence and false implication in the crime in question.