HEMCHAND @ HEMU SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal is against the judgment of conviction and order of sentence dtd. 30/1/2021 passed by the learned Second Additional Sessions Judge, Durg in Sessions Trial No.93 of 2019, whereby the appellant stands convicted and sentenced as under :

(2.) Before the trial Court, 4 accused were tried i.e., Hemchand (A-1), Teekaram Sahu (A-2), Manish Sahu (A-3) and Shivkumar Sahu (A-4). All other appellants Teekaram Sahu Manish Sahu and Shivkumar Sahu have been acquitted. The present appellant Hemchand @ Hemu (A-1) Sahu has been convicted as aforementioned. Hence this appeal.

(3.) (i) The case of the prosecution in brief is that appellant Hemchand Sahu was earlier married to Minta Sahu. However, subsequently, he enticed away the deceased Menaka Sahu and performed marriage. The appellant used to stay at village Khapri and at Karelibadi he used to grow the Banans, Papaya etc. Subsequently after the marriage on 5/1/2019 the first wife of Hemchand namely Minta Bai Sahu lodged a report at Police Station Dhamdha on 23/12/2018, her husband Hem Chand Sahu @ Hemu Sahu (A-1) and the wife Menaka Sahu have left the home and having enquired their whereabouts could not be found, therefore, a missing report was lodged vide Report No.0/2019. During the enquiry, it was found that when Menaka Sahu when used to go as a labour to the farm-house of the accused, she fell in love, thereafter, they got married. Because of the second marriage, frequent quarrels used to take place at home, therefore, both the wives were kept in different rooms of the same premises. During the course of enquiry, on 24/12/2018 certain information was received by the Police that at Ramgolai Ghat of of Police Station Salhewara, 2nd turn below the main road, the dead body of an unknown woman aged about 22-25 years was found in a half burnt state in the ditch, therefore, the merg was registered.