TIKESH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As we proceed to hear the matter finally with the consent of learned counsel for both the parties, IA No.01/2023, application for suspension of sentence and grant of bail stands disposed of.

(2.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of the Code of Criminal Procedure, is directed against the impugned judgment of conviction and order of sentence dtd. 15/3/2023 passed by learned Seventh Upper Sessions Judge, Raipur Distt. Raipur (CG) in Sessions Trial No.54/2020, whereby the appellant-accused has been convicted and sentenced in the following manner: <FRM>JUDGEMENT_86_LAWS(CHH)11_2023_1.html</FRM>

(3.) Prosecution story, in nutshell, is that Smt. Rameshwari Goswami, after deserting her husband, was living with appellant Tikesh Sahu in village Navagaon, PS Rakhi, Distt. Raipur as his wife. It is alleged that there used to be frequent quarrel between Rameshwari and the appellant. In the month of January 2019, the appellant assaulted her on neck with kitchen knife, hence, she lodged report against the appellant in the Police Station Rakhi and on this count, the appellant used to quarrel with Rameshwari. On 18/5/2019 in between 7.0/8/0 pm, the appellant had assaulted Rameshwari in the hotel of Shanti Bai Kosle, at that time the witnesses who were present there explained to him and asked him to leave the hotel. Allegation against the appellant is that the appellant took Rameshwari with him towards pond and assaulted her with a piece of cement stone on her head and committed her murder and fled away from the spot. On the next day i.e. on 19/5/2019, on receiving information that one unknown dead body of a woman was lying behind the Dabraha pond, police of Police Station Mandir Hasoud came on the spot and complainant Ishwari Manikpuri came on the spot and lodged unnumbered merg (Ex-P/3) and Dehati Nalishi (Ex-P/2). Inquest report (Ex-P/21) of the deceased was prepared, dead body was identified as body of Rameshwari (since deceased) by mother (PW-5) and bhabhi (PW-4) of deceased vide Ex-P/23 and sent to Community Health Centre, Arang, where Dr. NL Bhuarya (PW-8) conducted postmortem and gave his report vide Ex-P/6, and he opined that cause of death is shock and excessive hemorrhage due to head injury and nature of death of the deceased was homicidal. Spot map (Ex-P/05 and Ex-P/22) were prepared, plain soil, blood stained soil and blood stained cement stone were seized vide Ex- P/18. Upon search at the hotel of Shanti Bai Kosle, blood stained one black colour lower pant, blood stained full sleeve green colour T-shirt, blood stained one iron rod and one bajaru jhumka were seized vide Vide Ex-P/19. Numbered Merg intimation (Ex-P/25) and (FIR P/26) were registered in Police Station Mandir Hasoud, statement of the witnesses were recorded, the accused was arrested. Identification of the articles seized from the hotel of Shanti Bai Kosle, i.e. blood stained one black colour lower pant, blood stained full sleeve green colour T-shirt, blood stained one iron rod and one bajaru jhumka were done by appellant vide Ex-P/12 and at the instance of appellant one Atlas Cycle was seized from backside of the house of the appellant at village Borjhara vide Ex-P/13. Blood stained articles were sent to FSL for chemical examination and FSL report was received vide Ex-P/17. After usual investigation, charge sheet was filed against the appellant under Sec. 302 IPC in the Court of Judicial Magistrate First Class, Raipur, who in turn committed the case to the Court of Distt. and Sessions Judge, Raipur and the case was transferred to Seventh Upper Sessions Judge, Raipur, who conducted the trial.