SUNIL YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused herein is directed against the impugned judgment of conviction and order of sentence dtd. 24/12/2014 passed by the Additional Sessions Judge, Kabirdham (Kawardha), Chhattisgarh in Sessions Trial No. 57/2014 by which appellant herein has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.500.00; in default of payment of fine amount additional rigorous imprisonment for one month and for offence under Sec. 201 of the IPC and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs.200.00; in default of payment of fine amount additional rigorous imprisonment for one month.

(2.) Case of the prosecution in, nutshell, is that on 12/7/2014 at 10:00 pm at village Village Bhalpahari, Police Station Pandatarai, District Kabirdham, Chhattisgarh, appellant caused cut injury to the neck of Mankunwar @ Buti by which she suffered grievous injuries and died and to screen himself from the offence in question, buried the dead body the Mankunwar @ Buti (deceased) with the help of Sunil (PW-2) near the Tamboli damar plot and thereby committed the aforesaid offence. It is further case of the prosecution that on the date of offence, appellant came to truck cabin of Sunil (PW-2) and gave him extra-judicial confession that he caused the murder of Mankunwar @ Buti. Thereafter, appellant along with Sunil (PW-2) buried the dead body of Mankunwar @ Buti and appellant had also given Rs.200.00 to him saying him not to disclose about the fact of offence to anyone and also threatened him. On the next day, i.e. 13/7/2014, Sunil (PW-2), lodged Merg intimation (information of sudden and unnatural death) and FIR vide Exs.P/2 and P/3, respectively, disclosing the fact that appellant had given extra-judicial confession to him that he (appellant herein) caused the death of Mankunwar @ Buti and thereafter, he (PW-2) along with appellant buried the dead body of Mankunwar @ Buti and also informed the place where the dead body of Mankunwar @ Buti was buried. Inquest proceedings (Ex.P/10) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/17) proved by Dr. Rajesh Beldar (PW-8) and Dr. P.L. Kurre (PW-9), cause of death was due to combined effect of asphyxia (due to injury to trachea) and hemorrhage (due to injury to vessels at level of thyroid) and nature of death was homicidal. Pursuant to memorandum statement of the appellant (Ex.P/11) weapon of offence i.e. axe was seized vide Ex.P/13. Seized articles were sent for chemical analysis to FSL, but FSL report has not been brought on record for reasons best known to the prosecution.

(3.) After due investigation, appellant herein was charge-sheeted for the aforesaid offences and the case was committed to the Court of Sessions for trial in accordance with law. The appellant / accused abjured his guilt and entered into defence.