BIRBAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 27/11/2010, passed by the Court of learned Additional Sessions Judge (F.T.C.), Pendra Road, District Bilaspur (C.G.) in S.T. No.09/2010, whereby the appellant-accused has been convicted for offences: under Sec. 449 of IPC and sentenced to undergo life imprisonment with fine of Rs.100.00 and, in default of fine, additional rigorous imprisonment for 01 month; under Sec. 376 of IPC and sentenced to undergo life imprisonment with fine of Rs.100.00 and, in default of fine, additional rigorous imprisonment for 01 month; under Sec. 201 of IPC and sentenced to undergo rigorous imprisonment for 07 years with fine of Rs.100.00 and, in default of fine, additional rigorous imprisonment for 01 month and under Sec. 302 of IPC (for committing murder of Shyamvati and her son- Neel Singh) and sentenced to undergo life imprisonment with fine of Rs.100.00 (on 02 counts) and, in default of fine, additional rigorous imprisonment of 01 month (02 counts).

(2.) The case of the prosecution, in brief, is that: the appellant on 3/12/2009, at Village Majhgawan, within the ambit of Police Station Pendra, District Bilaspur (CG) has committed rape with his sister-in-law, namely, Shyamvati Bai by entering into her house and, thereafter, on 4/12/2009, in order to avoid any discourse of said incident/offence by Shyamvati Bai, the appellant again trespassed the house of Shyamvati Bai and with the intention to kill Shyamvati Bai and her son, namely, Neel Singh, committed their murder by strangulation and further in order to escape and erase evidence of the said offence of murder, the appellant alongwith co-accused, namely, Madan Singh (who stands acquitted by learned trial Court), threw the deadbodies of Shyamvati and Neel Singh in the water of Bagdi Dam and, thereby, committed the offence under Ss. 449, 376, 302 and 201 of IPC.

(3.) In the instant case, it is admitted position on record that: deceased-Shyamvati Bai is sister-in-law of accused-appellant Birbal; deceased-Shyamvati was wife of Durbal Singh and Neel Singh was son of Durbal Singh; Durbal and accused-appellant Birbal both are brothers; Premvati (PW-03) is wife of Arjun, who is brother of both Durbal and Birbal; at the time of incident, accused-appellant Birbal was not staying in his Village- Majhgawan, but used to visit there some time.