DURGAN SINGH GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dtd. 27/05/2014 passed by learned Second Additional Session Judge, Manendragarh, District Koria in Session Trial No. 62/2012 whereby he has been convicted for offence punishable under Sec. 302 of IPC and has been sentenced to undergo R.I. for life with fine of Rs.2000.00 in default of payment of fine, further S.I. for one year. Case of the prosecution :-

(2.) Case of the prosecution, in brief, is that on 02/06/2011, the appellant herein administered insecticide endosulphane to Savita, daugther of complainant Ghurau Ram (P.W.-1) and caused her death and committed the aforesaid offence.

(3.) Further case of the prosecution is that marriage of deceased Savita was solemnized with Kiran Kumar (P.W.-11) and after marriage, she was staying with him but after some days since she became unwell, Kiran Kumar (P.W.-11) took her to Lakhanpur for treatment on 12/03/2012, however, deceased Savita got lost in the bus stand and she could not be found. Thereafter, they got to know that deceased Savita ran away with the appellant and he has caused her death by administering poison to her. The said information was given by Ghurau Ram (P.W.-1) at Police Station Khadgawan on 14/03/2012 on the basis of which merg intimation was registered vide Ex. P/1 and the wheels of investigation started running. Summons were issued to the witnesses vide Ex. P/5 and inquest was conducted vide Ex. P/5A. Thereafter, dead body of Savita was subjected to postmortem which was conducted by Dr. R.P. Singh (P.W.-10) and as per the postmortem report (Ex. P/8), cause of death is said to be cardiorespiratory arrest due to taking up some poisonous substance. Viscera of the deceased was recovered vide Ex. P/2. First information report was registered vide Ex. P/11 and the appellant was taken into custody and from the spot, a vial of endosulphan and certain other articles were seized vide Ex. P/6. The said seized articles were sent for forensic examination and FSL report dtd. 28/04/2012 was brought on record in which endochloro insecticide endosulphan was found on the viscera of the deceased as well as on the vial seized from the spot. After due investigation, the appellant was charge-sheeted for offence punishable under Sec. 302 of IPC which was committed to the Court of Sessions for trial in accordance with law. The appellant abjured his guilt and entered into defence.