MURLI RAM SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dtd. 06/08/2014 passed by learned Additional Sessions Judge, Dhamtari in Sessions Trial No. 04/2014 whereby he has been convicted for offence punishable under Ss. 302 and 450 of IPC and has been sentenced to undergo imprisonment for life with fine of Rs.100.00 in default of payment of fine, additional R.I. for 1 month and R.I. for 10 years with fine of Rs.100.00 in default of payment of fine, additional R.I. for 1 month, respectively, directing both the sentences to run concurrently.

(2.) Case of the prosecution, in brief, is that on 29/12/2013 in between 4 PM to 6:30 PM at Village Chhuhi within the ambit of Police Station Keregaon, the appellant herein entered into the house of Tikeshwari Bai with the intention of killing her and caused her death by strangulating her neck and thereby, committed the aforesaid offences.

(3.) Further case of the prosecution is that deceased Tikeshwari Bai lived in a joint family along with her husband Yuvraj (P.W.-9), brother-in-law Parmeshwar Sahu (P.W.-7), sister-in-law Hemlata Sahu (P.W.-2), father-in-law Johan Ram (P.W.-1) and mother-in-law Ramkuriya Bai (P.W.-8). On the date of the incident i.e. 29/12/2013, Yuvraj (P.W.-9), Parmeshwar Sahu (P.W.-7), Johan Ram (P.W.-1) and Ramkuriya Bai (P.W.-8) had gone to a fair held at Village Salhebhat whereas deceased Tikeshwari Bai and Hemlata Sahu (P.W.-2) were at home. At about 4 PM, Hemlata Sahu (P.W.-2) also went to the fair to take her children and the deceased was all alone at home. Thereafter, at 7:30 PM, their neighbour Toran Das (P.W.-6) came to Village Salhebhat and asked Parmeshwar Sahu (P.W.-7) to immediately close their shop and come home and when they returned to their home, they found Tikeshwari Bai lying dead, which was informed by Parmeshwar Sahu (P.W.-7) to the Police Station Keregaon on the basis of which merg intimation was registered vide Ex. P/10 and inquest was conducted vide Ex. P/2. The dead body was subjected to postmortem which was conducted by Dr. R.K. Soni (P.W.-10) and as per the postmortem report (Ex. P/11), cause of death is said to be asphyxia caused by throttling and nature of death is said to be homicidal. During enquiry, it was revealed that appellant had love affair with the deceased and since she became pregnant with his child, she was pressurizing the appellant to keep her as his wife and out of frustration, the appellant is said to have assaulted the deceased on 29/12/2013 finding her all alone in the house and when he was leaving the house of the deceased from back door, he was seen by Amar Singh (P.W.-3). Thereafter, memorandum statement of the appellant was recorded vide Ex. P/6 and blood-stained shirt and pant were seized from his possession on 01/01/2014 vide Ex. P/8 and alongwith other seized articles, these were sent for chemical examination on 23/01/2014 vide Ex. P/20 and as per the FSL report (Ex. P/21) dtd. 11/06/2014, blood was found on the shirt and pant seized from the appellant as well as on the blouse and petticoat of the deceased and out of them, human blood was found on the pant of the appellant as well as on the blouse and petticoat of the deceased and human blood of 'O' blood group was found on the blouse of the deceased. After due investigation, the appellant was charge-sheeted for offences punishable under Ss. 450 and 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.