PAWAN KUMAR DESHMUKH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Two appellants, Pawan Kumar Deshmukh (A-1) and Smt. Kamla Bai Deshmukh (A-2) had preferred this criminal appeal under Sec. 374(2) of Cr.P.C. calling in question the legality, validity and correctness of the judgment dtd. 7/7/2014 passed by the First Additional Sessions Judge, Balod, in Sessions Trial No.81/2013, by which, the appellants herein have been convicted for the offence under Sec. 302 read with Sec. 34 of I.P.C. and sentenced to life imprisonment with fine of Rs.200.00 each, in default of payment of fine to undergo 40 days additional simple imprisonment.

(2.) Since the appellant No.2 has died during pendency of this appeal, her appeal was disposed off having abated and her name has been deleted by order of this Court dtd. 21/11/2022, a such only appeal of appellant No.1 is being decided by this judgment.

(3.) Case of the prosecution, in short, is that Smt. Rekha Deshmukh (hereinafter called as deceased) was legally wedded wife of appellant No.1 and appellant No.2 was mother-in-law of the deceased and they were married 16 years back prior to date of offence. Further case of the prosecution is that on 25/10/2012 at about 10:00 a.m. at village Papra, Police Station- Suregaon, District Balod, in furtherance of their common intention, the appellant No.2 caught hold of deceased Rekha Deshmukh and appellant No.1 caused her death by smothering with the help of pillow. Thereafter, on the report of Mahendra Kumar Hardel, merg was registered under Sec. 174 of Cr.P.C. and inquest was conducted and dead body was sent for post-mortem, which was conducted by Dr. Sampat Lal Oika (PW-1), who has proved the post-mortem report vide Ex.P-1 and according to post-mortem report, cause of death was smothering and it was homicidal in nature, pursuant to which, FIR was registered and on the memorandum of appellant No.1, pillow was seized, but it was not subjected to chemical examination to FSL. After due investigation, the appellant was charge-sheeted for the aforesaid offence before the jurisdictional criminal court and ultimately it was committed to the Court of Sessions for trial in accordance with law, in which the appellants abjured their guilt and entered into defence stating that they have not committed any offence.