MOOLCHAND SARTHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the judgment and order dtd. 28/4/2017 passed by the Sessions Judge, Durg in Sessions Case No.91/2015, by which the appellant has been convicted for the offences punishable under Ss. 302 and 201 of IPC and sentenced to undergo Imprisonment for Life under Sec. 302 of IPC and R.I. for 3 years under Sec. 201 of IPC. Further, for each of the offences, he has also been sentenced to pay fine of Rs.100.00and in the event of non-payment of fine amount, to undergo additional R.I. for one month. Both the substantive sentences have been directed to run concurrently.

(2.) Case of the prosecution, in short, is that on 27/11/2014 at about 11:00 a.m., the appellant is said to have strangulated his wife, Sheetal Sarthi, to death and further in order to conceal the evidence, burnt her dead-body with an intention to screen himself from legal punishment. He immediately informed the matter to his brother-in-law, PW-10 Satish Sarthi, who came to the spot. The appellant himself lodged Merg Intimation (Exhibit P-15) at Police Station Amleshwar and thereafter Inquest Report was prepared and the dead-body of Sheetal Sarthi was subjected to post-mortem conducted by Dr. Arun Kumar Katare (PW-6) vide Exhibit P-2 in which the cause of death was opined to be due to asphyxia as a result of throttling, the injuries were found to be ante-mortem in nature and the nature of death was homicidal. Thereafter, F.I.R. was registered vide Exhibit P-5. Spot Map was prepared vide Exhibit P-6. Memorandum statement of the appellant was recorded vide Exhibit P-19 pursuant to which, one plastic box and one matchbox with burned matchstick were seized vide Exhibit P-20. Burned clothes of the deceased were also seized and the seized articles were sent for chemical examination to F.S.L. and in the F.S.L. report received vide Exhibit P-13, kerosene particles were found on the burned clothes of the deceased.

(3.) After completion of the investigation, the appellant was charge-sheeted for the offences punishable under Ss. 302 and 201 of IPC before the concerned jurisdictional Criminal Court from where the case was committed to the Sessions Court, Durg for trial and its disposal in accordance with law, in which the appellant abjured his guilt, took a plea of false implication and entreated for trial.