BISHNU YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking criminal appellate jurisdiction of this Court, the present criminal appeal under Sec. 374 (2) of CrPC has been filed by the appellant herein calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dtd. 10/3/2016 passed by Special/Additional Sessions Judge, Raipur in Sessions Case No.130/2014 whereby the appellant has been convicted and sentenced in the following manner :-

(2.) Brief facts of the case as projected by the prosecution and accepted by the Trial Court are that on 24/2/2014 at Village Bazarpara under Police Station Kharora, District Raipur, the appellant herein administered insecticide/ poisonous substance to his son Harish and daughter Durga causing their death and also attempted to cause death of his younger daughter, Ku. Khushbu (PW-4) and mother, Malti (PW-2) by administering the said poisonous substance to them as well and further he also attempted to commit suicide by consuming the said poisonous substance; thereby committed the aforesaid offences.

(3.) Further case of the prosecution is that the appellant used to work as mason. Deceased Harish, aged about 10 years and deceased Durga, aged about 8 years, were his son and daughter. Ku. Khushbu (PW-4), who was aged about 2 years at the time of incident, is his younger daughter and Malti (PW-2), aged about 55 years, is his mother. PW-5 Manish is his elder son. They were all residing together in Village Bazarpara at Kharora. On account of some domestic dispute, the appellant's wife, Anita, is said to have deserted him and was residing separately with her parents at her parental home from one year prior to the date of incident. The appellant is also said to have lent some money to Samaru (PW-8), Prahalad (PW11), Suresh (PW-16) and other persons and they were not returning money to the appellant. On account of the said reasons, the appellant was distressed and he was also suffering from great financial crisis and extremely disappointed with his life.