BABLU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment by which the appellant herein has been convicted for offences under Ss. 450, 392 read with Sec. 397 and 302 of the IPC and sentenced to undergo rigorous imprisonment for ten years and pay fine of ? 100/-, in default, to further undergo rigorous imprisonment for three months; rigorous imprisonment for ten years and fine of ? 100/-, in default, to further undergo rigorous imprisonment for three months; and imprisonment for life and fine of ? 100/-, in default, to further undergo rigorous imprisonment for three months, respectively.

(2.) Case of the prosecution, in brief, is that on 14/9/2011 between 10.00 a.m. and 05.00 p.m., at Village Khapri, the appellant herein unauthorizedly trespassed the house of deceased Phulwabai and robbed golden ornaments and ? 6,000/- in cash and strangulated her by a cloth ( dupatta) and thereby committed the aforesaid offences. Further case of the prosecution is that on being informed by Kushal Ram (PW-1), morgue intimation was registered and thereafter, shav panchnama was conducted vide Ex.P-23 and on the recommendation of panchas, dead body was sent for postmortem which was conducted by Dr. S.K. Soni (PW-3) vide Ex.P-8 in which he opined that cause of death is shock due to cardio-respiratory arrest due to rupture of right kidney by heavy force applied in right lumbar region (back of abdomen) and death was homicidal in nature. Three injuries were noticed by the doctor over the body of the deceased. Nazri naksha was prepared vide Ex.P-3 and mathmaila dupatta was recovered vide Ex.P-11. Other articles were seized vide Ex.P-10. Memorandum statement of the appellant was recorded vide Ex.P-9 pursuant to which one pair of anklet, silver chain and other gold and silver articles were seized vide Ex.P-13 and other articles were seized vide Exs.P-14 to P-16. Measurement panchnama of the seized ornaments is Ex.P-21. Thereafter, seized articles were identified by Geeta Bai (PW-2) to be belonging to her mother, in the test identification parade conducted vide Ex.P-6 proved by Vijay Kumar (PW-4) and Chimanlal Patel (PW-8).

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After usual investigation, the accused / appellant was charge-sheeted for offences under Ss. 450, 302 and 392 read with Sec. 397 of the IPC and charge-sheet was filed before the jurisdictional criminal court and the case was committed to the Court of Sessions from where the Additional Sessions Judge, Balod received the case on transfer for trial and for hearing and disposal in accordance with law.