ARUN KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 30/6/2014, passed by the learned Additional Sessions Judge, Kunkuri, District Jashpur, Sessions Trial No.69/2013, whereby the appellant-accused has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo rigorous imprisonment for life and further sentenced to fine of Rs.25,000.00, in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) The prosecution case, as per the First Information Report (for short, the FIR) (Exhibit P/1) lodged by Jagdish Prasad Agrawal (PW-1) on 9/6/2013 at 7.30 a.m. at Police Station, Patthalgaon, is to the effect that he is the resident of Ambikapur Road, Patthalgaon. He owns a rice mill and after having his dinner, he was sleeping in his house. Arun @ Sonu Agrawal was his nephew in relation and was married to Poonam Agrawal of Prem Nagar ten years ago. At about 2 a.m., he received a phone call from the father of the appellant namely Anand Swaroop who informed him that some thieves had entered their house and had stabbed his daughter-in-law Poonam Agrawal. Upon such phone call, he alongwith his son Vikas Agrawal went to the house of Anand Swaroop and by the time they reached their house, Poonam was brought down from the first floor and blood was oozing out of her chest. She was immediately taken to the Government Hospital, Patthalgaon by Vikas and the appellant. Later, the informant came to know that Poonam had expired. Poonam died because of stabbing in her chest by some sharp weapon.

(3.) Merg intimation (Exhibit P/2) was recorded on 9/6/2013 at 08.25 a.m. and inquest report (Exhibit P/3) was also prepared on the same day. Nazri Naksha (Exhibit P/6) was prepared by Patwari Madan Ram Bhagat (PW-3) on 19/7/2013. On 9/6/2013 at 10 a.m., vide Exhibit P/11, pieces of blood stained cement flooring, plain cement flooring, one blood stained steel knife with wooden handle total length 19.5 cm, length of blade 10 cm, pieces of one blood stained bed sheet, one piece of blood stained cushion cover, one piece of blood stained door mat made out of a Saree, one blood stained fiber switch board 11'X9', one blood stained plastic pipe measuring 7' meters and one blood stained hair clipper made of steel and plastic, were seized from the place of incident by the Investigating Officer (for short, the IO) J.P.Singh (PW-11) in presence of the witnesses namely Ramesh Kumar (PW-6)and Rajeev Kumar Agrawal (PW-9). On 10/6/2013 at 1:00 p.m., one blood stained cotton lining check mark undergarments, one white half Baniyan which had blood stains on it, were seized by the IO in presence of the same witnesses. Similarly, on 22/6/2013, at 5:10 p.m., the bra, petticoat, blouse, undergarment and necklace of the deceased was seized in different sealed packets vide Exhibit P/16.