KRISHNA JHALI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the judgment of conviction and order of sentence dtd. 7/10/2023 passed by the Sessions Judge, Bastar at Jagdalpur (C.G.) in Sessions Trial No.41/2020, whereby the learned Sessions Judge has convicted the appellant for offence punishable under Ss. 302 and 201 of the IPC and sentenced him to undergo imprisonment for life & fine of Rs.1,00.00, in default of payment of fine additional R.I. for 01 month and R.I. for three years & fine of Rs.100.00, in default of payment of fine additional R.I. for 01 month respectively with a direction to run both the sentences concurrently.

(2.) Case of the prosecution, in brief, is that on 12/4/2020, the complainant Atab Netam gave Merg Intimation (Ex.P-8) to the Police Station " " Kotwali, Jagdalpur to the effect that his daughter Kavita Netam (deceased) who worked at Kumharpara Petrol Pump went missing when she left for home on 8/4/2020 at around 4.30 pm and while searching her, on 9/4/2020 the scooty of missing person Kavita was found in suspicious condition in the bushes of village Dodrepal forest. On the basis of which the Police Station Kotwali, Jagdalpur registered Missing Person Case No. 18/2020 and in the morning of 12/4/2020, a half burnt dead body in the forest, in front of Shiva temple, on the basis of half burnt clothes, shoes and physical structure present in the dead body, the dead body was identified as missing person Kavita Netam and on finding that an attempt was made to burn the dead body with the help of dry leaves, the dead body which appeared to be three-four days old, was full of insects and was giving off a foul smell. Based on the above information, Merg Intimation No. 30/2020 was registered in Police Station, Kotwali Jagdalpur on 12/4/2020.

(3.) Investigating Officer left for scene of occurrence on the same day i.e. 12/4/2020 and prepared visual map (Ex.P-10) of the incident site as per the instructions given by the applicant Atab Netam. After summoning the witnesses vide Ex.P-2, inquest over the dead body of the deceased was prepared vide Ex.P-1 and the dead body of the deceased Kavita Netam was sent through Constable No. 807 Ved Prakash Deshmukh after giving duty certificate (Ex.P-27) to Medical College, Dimrapal along with the post-morterm application (Ex.P-18), where Dr. Gyanendra Kumar (PW-13) conducted postmortem on the dead body of the deceased vide Ex.P-19 and found following antemortem injuries :