LUKESH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant, under Sec. 374(2) of CrPC, is directed against the judgment of conviction and order of sentence dtd. 23/11/2015 passed by the Additional Sessions Judge, Dhamtari in Sessions Trial No.25/2015, by which the appellant herein has been convicted and sentenced in the following manner:-

(2.) Case of the prosecution, in short, is that on 8/7/2015 at about 4:00 p.m. at Village Katalbod, in the field of one Ferha Sahu situated at Talabakhar, the appellant has strangulated Shanti Bai to death, caused simple injuries to Munni Bai (PW-3), Heera Bai Diwan (PW-7) and Neelu Dhruv (PW-8) and further threatened to kill Premin Bai (PW-2), Munni Bai (PW-3) and Heerabai (PW-5) and others; thereby he committed the aforesaid offences.

(3.) Case of the prosecution further is that though the appellant was a married person and having children, he had an illicit relationship with deceased Shanti Bai, wife of Narendra Sahu, for which a social meeting was held in the village in which the appellant was fined for Rs.24000.00 or Rs.25000.00 and Shanti Bai was also fined for Rs.6000.00, on account of which the appellant was holding a grudge against Shanti Bai. On the date of offence i.e., on 8/7/2015, at about 4:00 p.m. when Shanti Bai along with Premin Bai (PW-2), Munni Bai (PW-3), Triveni Bai (PW-4), Heera Bai (PW-5), Ku. Ulphi Sahu (PW-6) and Heera Bai Diwan (PW-7) was performing agriculture work in the field of Reman Diwan (PW-1), the appellant reached there and dragged Shanti Bai to the field of Ferha Sahu, pushed her down to the field which was filled with water and then strangulated her to death by sitting on her chest, which was witnessed by PW-2 to PW-7. The appellant is also said to have threatened to kill Premin Bai (PW-2), Munni Bai (PW-3) and Heera Bai (PW-5) and others and also caused injuries to Munni Bai (PW-3), Heera Bai Diwan (PW-7) and Neelu (PW-8).