ISHWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE instant criminal appeal has been filed by the three accused persons (appellants) against the judgment of conviction and order of sentence dated 16.12.2002 passed by Third Additional Sessions Judge (F.T.C), Mungeli, Distt. Bilaspur, in Sessions Trial No.132/1996.

(2.) FACTS of the case as per the prosecution, in brief, are that a charge -sheet for the offences punishable under Sections 306, 201/34 was filed against the accused persons, i.e., the appellants and their father Lekhani Sahu, accused No.4 (since expired). According to the prosecution, one Nirmala Bai (deceased), wife of appellant No.3 Shiv Kumar, was forced to commit suicide by the accused persons after she was subjected to physical and mental torture. As per the prosecution, on account of excessive cruelty made out by the accused persons, Nirmala Bai had left the house on 28.1.1995 and that since then she was missing. However, subsequently, on 2.11.1995, dead body of Nirmala Bai was recovered from a nearby well belonging to one Jhamman Satnami. After recovering the dead body from the well, the accused persons in order to conceal the dead body took and buried the same without intimating the incident to the villagers in general. Thus, the accused persons concealed the death of the Nirmala Bai. The prosecution after due investigation of the case filed a charge -sheet against the accused persons for the offences punishable under Sections 306, 201/34, before the Court of Judicial Magistrate First Class, Mungeli. After committal, the matter was put to trial before the Court below, which was registered as Sessions Trial No.132/1996.

(3.) DURING trial, the prosecution examined 24 witnesses in all in support of its case. Statements of the accused persons were recorded under Section 313 of CrPC in which they denied the circumstances appearing against them in the prosecution case, abjured their guilt and pleaded innocence and false implication.