BHUWAN SINGH DHRUVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this Criminal Appeal presented under Sec. 374 (2) of the Code of Criminal Procedure, 1973, the judgment dtd. 8/12/2016 passed by the Additional Sessions Judge, Gariyaband, Chhattisgarh in Session Trial No.-18/2015 "Chhattisgarh State v. Bhuvan Singh Dhruva" has been challenged, under which, the appellant/accused Bhuvan Singh Dhruva has been convicted for the offense punishable under Sec. 302 and 201 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs.200.00 (two hundred rupees) and four years rigorous imprisonment with fine of Rs.200.00 (two hundred rupees) respectively. In case of non-payment of fine amount, the appellant has been sentenced to undergo additional rigorous imprisonment of one-one month under both the Sec. .

(2.) The allegation against the appellant Bhuvan Singh Dhruva is that in the intervening night of 28-29/11/2014, he killed his wife Purna Bai, on account of quarrel, by strangulating her in his Lorry/field situated in village Sagada Tikrapara under police station - Indagaon, district - Gariaband, Chhattisgarh and with the intention of destroying the evidence, he wrapped the body in straw-husk (Para & Bhusa) and burnt it.

(3.) The case of the prosecution, in brief, is that on 28/11/2014, the appellant's son Aimat Dhruva (PW-4) along with his wife and parents i.e. the appellant and his wife (deceased) threshed paddy. At around 04.00 p.m, the son of appellant came home with his wife. Appellant Bhuvan Singh Dhruva and deceased Purna Bai were also seen by neighbor Chhattar Singh (PW-9) in their lorry/field at around 04.00 pm. Next morning i.e. on 29/11/2014, neighbor Chhattar Singh (PW-9) found that deceased Purna Bai lying dead in a burnt condition on the road beside the lorry of the appellant. Then he informed Aimat Dhruva (PW-4) about the incident who in turn informed the villagers, Kotwar, Sarpanch etc. and went to the police station and made a report in this regard, on which Merg Ex. P-4 was registered. Panchnama (Ex. P-6) of the dead body was prepared. Dr. Satendra Markandey (PW-14) examined the dead body and conducted post-mortem and gave report Ex. P-25, in which, he has stated that about 90% of Purna Bai's body was burnt whose death was due to cardio-respiratory arrest as a result of mechanical asphyxia i.e. lack of oxygen in the heart and lungs due to blockage of oxygen supply to the body and death was homicidal in nature. Remains of burnt straw-husk, half-burnt clothes, corn peels etc. were seized from the spot and sent to the laboratory for chemical examination, on which, test report Ex. P 17 was received, according to which, diesel, petrol or kerosene was not found in the said articles. The appellant was not in the village after the incident. Later, when he returned to the village on 01/12/2014, his confession Panchnama Ex. P-9 was prepared by the police, in which he has stated about killing of his wife Purna Bai by strangulating her on account of quarrel between them and burnt her body on the straw and corn lying in the field. After careful consideration, the final report was filed by the police against the appellant.