SHIVKUMAR DESHMUKH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the Cr.P.C. has been preferred by the appellant against the impugned judgment of conviction and order of sentence dtd. 18/4/2013 passed by VIth Additional Sessions Judge, Bilaspur, District " Bilaspur, C.G. in Sessions Trial No.05/2013 whereby the appellant has been convicted and sentenced as under :-

(2.) The case of the prosecution, in brief, is that information was given on 3/9/2012 regarding recovery of dead body of unknown lady which was referred to the G.R.P., Bilaspur, C.G. vide Ex-P/23 and consequently a merg intimation (Ex-P/24) was registered.

(3.) The Investigating Officer, Assistant Sub Inspector, G.R.P. Bilaspur Anup Ram Sahu (PW13) prepared the inquest. Spot map was prepared vide Ex.-P/18. From the place of incident, a steel knife, broken bangles, saree pin, hair pin, blood stained soil and plain soil were seized vide Ex-P/26. Photograph of the deceased was taken and same was published vide Ex.P/28. The inquest was conducted by Additional Tahsildar, Smt. Lata Urvasha (PW14) vide Ex.-P/17. Thereafter, dead body was sent for postmortem and it was conducted by Dr. Ajay Tawadkar (PW11) vide Ex.-P/19. Viscera and clothes of the deceased was preserved vide Ex-P/27 and sketch of spot map was prepared vide Ex.-P/30. During the investigation, Gyan Das (PW4) lodged a written report (Ex.P/7) to the effect that her daughter namely Purnima had performed inter-caste love marriage with Shiv Kumar Deshmukh, Son of Daman Lal Deshmukh, and they were residing in a rented house in Tedesara, where her daughter was being assaulted by Shiv Kumar Deshmukh, her husband. On 3/9/2012 at about 08.00 PM, he was informed by Shiv Kumar (present appellant) that Purnima has gone to somewhere without informing him. Shiv Kumar was taken to the police station where he informed that the deceased was taken to the Bilaspur Railway Station and near railway yard, she has been murdered using a small knife, hands and fists. Shiv Kumar further stated that he left the knife on the spot. The deceased was identified on the basis of tattoo (her name Purnima) and consequently, Crime No.64/2012 for offence punishable under Sec. 302 of the IPC was registered vide Ex.P/8 against the appellant and he was arrested. The clothes and photograph of the deceased were identified vide Ex.P/3 and Ex.P/9. The memorandum statement of appellant was recorded vide Ex.P/12 and pursuant thereto, clothes worn by him and stones were seized vide Ex.P/13-14 and the same were sent for FSL vide Ex.P/32-33. The FSL report is Ex.P/39 and Ex.P/40. The Police after completion of the investigation, filed charge-sheet before the Special Railway Magistrate on 10/12/2012 and the case was committed to the learned Sessions Court for hearing and disposal in accordance with law.