KESHAV SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant herein under Sec. 374(2) of CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 30/9/2013, passed by the learned Additional Sessions Judge, Gariaband in Sessions Trial No.2/2013, by which the appellant herein has been convicted and sentenced as under:-

(2.) Case of the prosecution, in brief, is that on 12/9/2012 at about 2/2/30 p.m. near Mudanala Nursery, village Parsadakala, Police Station Fingeshwar, the appellant caused death of Heera Bai Nishad and thereby committed the offence under Sec. 302 of the IPC and further outraged the modesty of victim Kumari Domin Nishad and caused severe injuries to her, which were likely to cause her death and thereby committed the offence under Ss. 354 and 307 of the IPC. It is further case of the prosecution that on 12/9/2012 at 2/2/30 p.m. deceased Heera Bai Nishad and Domin (PW-2) both were going back to their home after taking bath in floating steam, near Mudanala nursery, village Parsadakala the appellant caught hold of victim Domin (PW-2) and when she protested, then the appellant caused injuries on her body and when deceased Heera Bai Nishad tried to intervene, some altercation took place and deceaded Heera Bai Nishad fell down, thereafter the appellant caught-hold of Heera Bai Nishad and assaulted her by knife by which she suffered grievous injuries. Thereafter, Domin (PW-2) had gone to nearby school and informed them about the incident, in the meanwhile, the accused absconded from the spot. Heera Bai Nishad died instantaneously. Domin (PW-2) was taken to the Community Health Center, Fingeshwar. Merg intimation was registered vide Ex.P-1. Spot map was prepared by investigating officer vide Ex.P-2. Inquest was conducted over the dead body of deceased Heera Bai Nishad vide Ex.P-9. FIR was registered for offence under Sec. 302 and 307 of the IPC vide Ex.P-3. Dead body of deceased Heera Bai Nishad was sent for postmortem to Community Health Center, Fingeshwar, where Dr.P. Kudesia (PW-13) conducted postmortem vide Ex.P-16 and opined that cause of death was due to excessive bleeding and death was homicidal in nature. Victim Domin (PW-2) was also examined by Dr.P. Kudesia (PW-13) vide Ex.P-7 and found four incised wounds over her body and all injuries were grievous in nature. Pursuant to memorandum statement of the appellant vide Ex.P-12, one knife was recovered from his pocket on production vide Ex.P-14. After due investigation, the police filed the charge-sheet in the Court of Judicial Magistrate First Class, Rajim, who in turn, committed the case to the Additional Sessions Judge, Gariaband for trial in accordance with law. The appellant abjured his guilt and entered into defence that he has not committed any offence and he has falsely been implicated in crime in question.

(3.) In order to bring home the offence, the prosecution examined as many as 15 witnesses and exhibited 25 documents. The appellant-accused examined none in his defence and no document has been exhibited in his support.