PRADEEP BHUIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arise out of judgment of conviction and order of sentence dtd. 15/6/2022 passed by the Ist Additional Sessions Judge, District Ramanujganj-Balrampur, in Sessions Case No.16/2020 whereby the appellant has been convicted for the offence under Ss. 376 and 302 IPC and sentenced to undergo RI for 10 years and fine of Rs.500.00 and RI for life and fine of Rs.1000.00 respectively, with default stipulations. Both the sentences have been directed to run concurrently.

(2.) Brief facts of the case are that, on 8/10/2019, PW-1, Brijlal, son of deceased, has given a merg intimation Ex.P/8 to the police with the fact that on 7/10/2019 at about 8 p.m. he had gone to watch Ramlila at village Kalikapur and at about 11 pm in the night when he returned back, he did not find his mother in his house. At about 3 am in the night he had gone to the shop of Santosh Yadav to search her whereabouts but she could not be found. On 8/10/2019 at about 1 pm when he had gone to river to take a bath, at about 2 pm his wife came there and informed him that his mother is lying dead in a naked condition in the backyard. When he reached to spot, he saw that her nose, mouth and neck was tied with Sari and lower part of the body was naked. The police registered an FIR Ex.P/19 against unknown person for the offence under Sec. 302 IPC. Inquest of the dead body of the deceased was prepared in presence of witnesses vide Ex.P/11. The dead body was sent for postmortem to Community Health Centre, Ramanujganj where PW-20, Dr. Kailash Kaiwartya, had conducted its postmortem and gave his report vide Ex.P/18. Injuries were found on the body of the deceased and the doctor has opined that cause of death in this case is cessation of respiration due to strangulation and smothering. The probable time that elapsed between death and autopsy was approx 36-40 hours and nature is homicidal. Spot map Ex.P/20 was prepared by the police and Ex.P/15 was prepared by the Patwari. Vide seizure memo Ex.P/9, the police has seized Petticoat, Sleeper, one matchbox, bloodstained and plain soil from the spot. Another part of the soil was also seized from the spot vide Ex.P/12. The doctor who conducted the postmortem of the dead body of the deceased prepared two slides of vaginal swab of the deceased which was seized vide Ex.P/.17. The appellant was taken into custody on 12/10/2019 and his memorandum statement Ex.P/10 was recorded in presence of the witnesses. Based on his memorandum statement his jeans pant has been recovered vied seizure memo Ex.P/11. Underwear of the appellant was also seized vide seizure memo Ex.P/13. The appellant was also sent for his medical examination to Community Health Centre, Ramanujganj where he has been examined on 12/10/2019 by Dr. Sharad Kumar Gupta who gave his report in the back side of Ex.P/24 and P/25. While examining the appellant, the doctor found the appellant to be capable to perform sexual intercourse. Multiple superficial abrasions in left cheek of the appellant was found. The doctor opined that all injures are simple in nature.

(3.) During the course of investigation, the police has sent the slides of the vaginal swab of the deceased, underwear of the appellant, petticoat of the deceased and plain soil and bloodstained soil seized from the spot for its FSL examination to regional FSL Ambikapur from where FSL report Ex.P/28 was received, according to which, the blood was found on the underwear of the appellant, petticoat of the deceased and bloodstained soil seized from the spot. Further, in Article-B which is underwear of the appellant and Article-C which is petticoat of the deceased 'AB' group of blood was found in FSL report. Further, in the slides of the vaginal swab of the deceased, underwear of the appellant and petticoat of the deceased, semen and sperms were found. Due to insufficient soil found in the jeans pant, the soil test of the jeans of the appellant and soil seized from the spot could not be carried out which has been reported in FSL report Ex.P/29.