SHRAWAN KUMAR KHAIRWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dtd. 24/07/2014 passed by learned 2nd Additional Sessions Judge, Janjgir Champa in Special Sessions Trial No. 13/2013 whereby he has been convicted for offence punishable under Sec. 302 of IPC (two times) and he has sentenced to undergo life imprisonment with fine of Rs.2000.00, in default of payment of fine, further S.I. for 4 months (two times) directing both the sentences to run concurrently.

(2.) Case of the prosecution, in brief, is that on 04/11/2012 at about 4 AM at Village Khairwarpara Bodsara within the ambit of Police Station Janjgir, the appellant herein assaulted two of his daughters namely Jyoti Khairwar and Ranjita Khairwar at his house with adze (basoola) and caused them grievous injuries on account of which they died and the appellant, thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that on 04/11/2012 at about 08:30 AM, complainant Ravina Khairwar (P.W.-1), appellant's daughter and sister of the deceased girls, through dehati nalishi (Ex. P/1) lodged an oral report that she along with her three sisters and one brother resided with her parents at village Bodsara and except for their father, all of them had gone to their maternal uncle's house at Village Bharrakuda. The appellant was asking them to come back but Ravina Khairwar (P.W.-1) had refused stating that their mother was unwell and they would return later on due to which the appellant was annoyed. On 03/11/2012, complainant's paternal aunt namely Laxmin Bai (P.W.-5) was coming from Village Bharrakuda to Bodsara and complainant Ravina khairwar (P.W.-1) along with her sisters Jyoti Khairwar and Ranjita Khairwar (deceased persons) returned home with her. At night, complainant cooked food and after taking their meals, the three sisters (complainant and two deceased persons) and their father (appellant) went to sleep. Suddenly, at about 4 AM, appellant pulled Ravina Khairwar's (P.W.-1) hand forcefully and when she woke up she saw that the appellant was holding an adze in one hand which was stained with blood and her sisters Jyoti Khairwar and Ranjita Khairwar were lying on the cot in an unconscious condition and they were covered with blood, thereafter, Ravina Khairwar (P.W.-1) ran and cried for help. After hearing her cries, Sonai Bai (P.W.-2), Champa Bai (P.W.-6), Birij Bai (P.W.-7), Budhwara Bai (P.W.-3) and Bajrang Khairwar (P.W.-8) came therein and till then the appellant had come out empty-handed and told them that he had killed two of his daughters and when they went inside the room, they found that Jyoti Khairwar and Ranjita Khairwar were injured badly and they were covered with blood and were lying in an unconscious condition. Thereafter, both the deceased girls were taken to the Hospital, however, Jyoti Khairwar died on the way and Ranjita Khairwar was in a critical condition and was undergoing treatment but she too died at about 8 AM in the morning.