HARI SHANKAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 7/12/2015 passed by the First Additional Sessions Judge, Sakti, District Janjgir-Champa, in Sessions Trial No.165/2014, by which, the appellant herein has been convicted for the offences under Ss. 302 and 201 of Indian Penal Code and sentenced as under with a direction to run both the sentences concurrently :- <FRM>JUDGEMENT_46_LAWS(CHH)1_2024_1.html</FRM>

(2.) Case of the prosecution, in short, is that in the intervening night of 22/3/2014 to 23/5/2014, at village Raipura, Police Station- Baradwar, District Janjgir-Champa, the appellant assaulted his wife Tarabai (now deceased) by hand and fist and strangulated to death and thereafter, buried the dead body of deceased along-with other articles in order to screen himself from legal punishment and thereby, the offence has been committed. Thereafter, on 23/3/2014, the appellant lodged a missing report vide Ex.P-14 to Police Station Baradwar that his wife is missing and paper publication was also made vide Ex.P-26 and thereafter, Jaggu Sidar (PW-1) informed that near his field, he found that one part of the field has been dug and thereafter, it has been filled by mud and on being informed, the exhumation panchnama Ex.P-18 was registered and dead body of woman in naked condition was recovered, which was identified by the appellant and dehati merg intimation Ex.P-1 was registered, FIR was registered vide Ex.P-23, inquest was conducted vide Ex.P-16 and dead body of deceased Tarabai was subjected to post-mortem, which was conducted by Dr. Smt. Seemanandani Chaudhary (PW-6), who proved the post-mortem report Ex.P-11, in which, cause of death was stated to be asphyxia due to strangulation and death was homicidal in nature. Pursuant to memorandum statement of the appellant Ex.P-17B, wooden stick, old saree, blouse, petticoat, silver anklets, pickaxe and spade were recovered vide Ex.P-19 and slides of the victim was also taken as Article A, in which human sperm was found as per FSL report (Ex.P-27). After due investigation, the appellant was charge-sheeted for the aforesaid offence to the jurisdictional criminal court and the case was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which the appellant abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.

(3.) In order to bring home the offence, prosecution examined as many as 23 witnesses and exhibited 29 documents and the appellant-accused in support of his defence has neither examined any witness nor exhibited any document.