TARUWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal is against the judgment of conviction and order of sentenced dtd. 29/9/2021 passed by the Additional Sessions Judge, Gariyaband, Chhattisgarh in Sessions Case No. 19 of 2016 whereby the appellant has been convicted for the offence punishable u/ss 449, 307, 307, 307 and 302 of IPC and sentenced as under. <FRM>JUDGEMENT_62_LAWS(CHH)4_2024_1.html</FRM>

(2.) The prosecution case in brief is that on 21/12/2015, the Station House Officer of Police Station Chura had received information through mobile phone that accused Tarun Sahu had gone to his in laws-place Boergaon village, P.S. Chura, District Gariyabandand and inflicted knife injuries to his wife, mother-in-law, father-in-law and daughter and the victims have been brought to Chura Hospital for treatment. On receipt of such information, the SHO reached to Primary Health center Chura wherein one of injured Parmanand Sahu (complainant) informed that his son-in-law the present appellant came on his motorcycle at about 7 a.m., and while talking with his wife Khemin Bai, all of a sudden, stabbed her four times in chest. When the wife of the complainant Kunwar Bai tried to intervene, in such process, Kunwar Bai was also assaulted on her abdomen and the complaint was also assaulted on his on his leg. The daughter of accused Ku. Aradhya was also hit by knife on her left thigh. Subsequently one of injured Khemin Bai, wife of accused, succumbed to injuries. On the basis of information given by complainant Parmanand, Dehati Nalishi (Ex.P-12) was recorded. The merg intimation (Ex.P-24) was registered regarding death of Khemin Bai. Consequently the FIR came to be registered for the offence u/s 302 and 307 of IPC vide Ex.P-27.

(3.) The accused was arrested and on his memorandum the weapon used in commission of offence i.e., Knife was seized. The Tahsildar Chura was authorized to record the dying declaration of Parmanand thereby the statement was recorded by Ex.P-13. Thereafter, the police collected blood contained soil from the spot and seizure was made. The blood stained clothes of deceased Khemin Bai i.e., Petty-coat and Nighty was also seized by Ex.P-15 and on the basis of memorandum, the blood stained T-Shirt of accused and the knife were also recovered. The blood stained clothes of injured Parmanand and Kunwar Bai were also seized and since Parmanand and Kuwar Bai were admitted in hospital, necessary medical documents of treatment were also seized. The seized articles were sent for FSL. The statements were recorded and the charge sheet was filed. In the meanwhile, during trial, the FSL report was produced which was positive in favour of prosecution.