PREMANUS LAKDA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 3-9-1996 passed by the Additional Sessions Judge, Jashpurnagar, Distt. Raigarh in Sessions Trial No. 111/1996 convicting the accused/appellant under Sections 302 and 201, IPC and sentencing him to undergo life imprisonment with fine of Rs. 500/- under Section 302, IPC and rigorous imprisonment for five years with fine of Rs. 500/- under Section 201, IPC with default stipulations. Facts of the case in brief are that on 21-3-1996 Began Ram-Sarpanch of Gram Panchayat, Bhandari, District Raigarh, lodged a written report (Exh. P-2) before the police alleging that on 22-2-1996 the accused/appellant had killed his wife Antonia and buried the dead body on the bank of river. Based on this report, FIR (Exh. P-1) was registered by the police on 21-3-1996 itself against the accused/ appellant under Section 302/201, IPC. Memorandum of accused/appellant (Exh. P-5) was recorded on 22-3-1996, wherein he has stated that in the intervening night of 22-2-1996 and 23-2-1996, when his wife Antonia was sleeping in the house, he killed her with the help of axe and after informing the entire incident to his father Tiyophyl and brother Donatush and after consulting them, body of the deceased was wrapped and tied with rope and wood. He then took the dead body to the bank of river and buried the same with the help of his brother Donatush. While returning, he had thrown the wood on the way and kept the axe, spade and sari in his house, which he would get recovered. Based on this memorandum, seizure of axe, spade, pillow, sari, photo was made at the instance of accused vide Exh. P-6, recovery of saal wood with the help of which body was taken was made vide Exh. P-7, whereas the garments belonging to the deceased and her chain were recovered vide Exh. P-8. On disclosure of the accused/appellant, dead body was exhumed in presence of Executive Magistrate vide Panchnama (Exh. P-3). FSL report is Exh. P-14 according to which blood stains were found in the articles such as gudri, petticoat, blouse, bra, petticoat, hair, mala and rope. After investigation, charge-sheet was filed on 2-5-1996 against the accused/appellant, his brother and father namely Donatush and Tiyophyl respectively, under Sections 302, 201 and 34 of IPC. Court below also framed the charge under the same sections.

(2.) In support of its case prosecution has examined 10 witnesses. Statement of the accused/appellant and other co-accused persons were also recorded under Section 313 of the Cr. PC., in which they have denied the charges levelled against them and pleaded their innocence and false implication in the case.

(3.) By the impugned judgment, the Court below has acquitted the co-accused persons namely Donatush and Tiyophyl of the charges levelled against them, but convicted and sentenced the accused/appellant as mentioned above.