KUMARI PARWATI MANIKPURI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the aforesaid four criminal appeals have been filed against the impugned judgment dtd. 30/9/2015 passed by the Additional Sessions Judge (FTC), Dhamtari in Sessions Trial No.07/2015, they were clubbed and heard together and being disposed of by this common judgment.

(2.) Appellants-Ravindra Das Manikpuri (A1), Monu alias Bhuvaneshwar Nishad (A2), Lakhan Nishad (A3), Dipak Kumar Dhruv (A4), Kumari Parvati Manikpuri (A5) and Kumari Das Manikpuri (A6) have preferred these four criminal appeals under Sec. 374(2) of the CrPC questioning the impugned judgment dtd. 30/9/2015 passed by the Additional Sessions Judge (FTC), Dhamtari, District Dhamtari in Sessions Trial No.07/2015, by which they have been convicted for offences under Ss. 302/34 and 201/34 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.500.00, in default of payment of fine to further undergo RI for one year and RI for five years and fine of Rs.300.00, in default of payment of fine to further undergo RI for six months.

(3.) Case of the prosecution, in nutshell, is that in the intervening night of 26/27/11/2014 at village Rudri Basti, P.S.Rudri, District Dhamtari, the present appellants consumed liquor with deceased Chetan Bai and thereafter throttled the neck of the deceased and thereafter intersected the head from the body with the help of knife and axe. It has further been alleged that axe and knife which were used in the crime were hidden by them in different places to screen the offence. As per the information of the village kotwar on 27/11/2014, Police of Police Station Rudri received the information about the dead body of an unknown lady being found, then the Station House Officer of Police Station Rudri with his subordinate staff went to the spot and registered a morgue intimation vide Ex.P-15. After inspection of the spot, spot map was prepared vide Ex.P-18. Thereafter, notice of inquest (Ex.P-16) was served to the witnesses Ramdas Manikpuri, Smt.Hembai Sinha, Shyam Sunder Sinha, Chhabi Lal Meshram and Moolchand Sahu on the spot and thereafter inquest report was prepared vide Ex.P-17. On the basis of facts mentioned in the inquest report the SHO registered an offence under Ss. 302 and 201 of the IPC against the unknown persons as Crime No.0/2015, thereafter as per the information of informant, Kotwar Ramdas Manikpuri, dehati nalishi was registered. Thereafter, dead body of the deceased was sent for postmortem at Government Hospital, Dhamtari where Dr.Snigdha Jain (PW-13) conducted postmortem of the deceased vide Ex.P-10 and found following injuries:-