MAHENDRA YADAV Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and order of sentence dtd. 19/2/2020 passed by 2 nd Additional Sessions Judge, Jagdalpur, District Bastar (C.G.), in Sessions Trial No.24/2018 whereby and whereunder, the appellant has been held guilty for commission of offence under Ss. 302 and 201 IPC and sentenced as described below:- Conviction Sentence Sec. 302 IPC Life Imprisonment with fine of Rs.2000.00, in default, 3 months additional R.I. Sec. 201/34 R.I. for 01 year with fine of Rs.2000.00, in default, 01 month additional R.I.

(2.) According to the prosecution story, as unfolded from the impugned judgment and the records of the case, is that deceased Gayatri Yadav, resident of village Mutanpal Pidepara, Police Station Burgum, was working in Bihaan Self Help Group Yojna. On 17/11/2017, deceased had gone to Kilepal for attending meeting of Woman Self Help Group. Deceased Gayatri and Manko Kashyap were also working in Bihaan Self Help Group. Upon called by Janpat Office for official work, Manko Kashyap, Gayatri and Anantram went to Janpat Panchayat where they did their office work and then told Anantram that if he was going to Mutanpal, take them along as there was no transport available in the village. Thereafter, all three of them sat on a motorcycle and left at 03 o'clock. Gayatri's brother Prakash's house was on the way, so they stopped for a while in Bastanar to leave rice with him and from there they reached Mutanpal. On reaching Mutanpal Bazarpara, Manko Kashyap took her bicycle and went to her home and Anant Ram and Gayatri went via Burgum Road as Anant Ram's house was towards that direction. At the relevant time, accused/appellant Mahendra Yadav who was standing between Peedepara and Bajarpara said deceased Gayatri Yadav that he would drop her to Chowk and pulled her bag and accused/appellant Mahendra Yadav took deceased Gayatri on his motor cycle on the same day i.e. 17/11/2017 between 4.00 to 4.30 pm. When Gayatri did not return home till 6.00 pm, her family members inquired whereabouts of her. Upon extensive search around, deceased Gayatri's bag and mobile were found near the kitchen-garden. At around 12.00 pm, Gayatri's fianc ((THELAW)) Mahendra Yadav's brother Dhansai Yadav informed that the body of deceased Gayatri Yadav was lying near a mango tree. Thereafter, on 18/11/2017 at 2.00 pm, the body of the deceased was found under a mango tree in the mustard garden of her house in Peedepara. On the information of complainant Somaru, zero dehati merg intimation was registered. Postmortem of the dead body was conducted. In the postmortem report, it was found that deceased Gayatri Yadav died due to hanging. During the course of investigation, upon interrogating from deceased's friend Manko Kashyap, Shanti Yadav and Lakhan Yadav, it came to fore that her fianc ((THELAW)) accused/appellant Mahendra Yadav was suspecting fidelity of Gayatri Yadav. On the basis of information of co-accused Dhansai Yadav, offence under Sec. 306 IPC was registered against the accused/appellant Mahendra Yadav at Police Station Burgum. During the course of investigation, accused/appellant Mahendra Yadav's brother Dhansai Yadav told that accused/appellant Mahendra Yadav after calling deceased Gayatri Yadav in new house of Lalaguda hanged her by pulling into a wooden pole. After the incident, the accused/appellant ran away leaving the motorcycle of Dhansai Yadav bearing registration No. CG17KJ4833 in his kitchen-garden beneth the mango tree to give the colour of suicide to the entire case.

(3.) After the incident, inquest on the body of deceased was prepared vide Ex.P/2 and dead body was sent for postmortem examination to C.H.C. Badekilepal vide Ex.P/30, where Dr. Shashikant Vitthalrao Koulaskar (PW/19) conducted postmortem examination on the body of deceased and gave his report under Ex.P/31 and noticed following injuries/symptoms :-