JAWAHAR LAL Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellant in the instant case stands convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs.200/-. The appellant has also been convicted for offence under Section 201 IPC and sentenced RI for seven years with fine of Rs.200/-with a direction to run both the sentences concurrently vide judgment dated 21.09.2001 passed by the Additional Sessions Judge, Janjgir, in Sessions Trial No.459 of 2000.

(2.) The brief facts necessary for adjudication of this appeal are that, on 01.08.2000 since 11 a.m. the deceased Sunita, wife of the Appellant, was missing from the house. The family members of Appellant called at the parental home of deceased and enquired her whereabouts and intimated the fact that she is missing from 11 a.m. Thereafter the family members from the parental side also reached the house of Appellant and started searching the deceasedSunita. It was only at around 7 to 7:30 p.m. she was found dead in the Well situated behind the house of the Appellant. The matter was immediately reported to the concerned police station vide Ex. P/11 on the same day i.e. 01.08.2000 by Ashok Kumar, PW-9 (elder brother of the Appellant). The Police came and fished out the body from the Well and sent it for postmortem. On 02.08.2000, Dr. N.P. Gond, PW-16 conducted the postmortem and gave his opinion that the cause of death was due to asphyxia because of compression over the neck and chest and doubted that it was a case of homicidal death. Death was said to have taken place between 24 to 48 hours earlier.

(3.) After postmortem, FIR (Ex. P/13) was lodged at the instance of the police on 09.08.2000 at around 9:30 am which was registered as crime No.145 of 2000 for offence under Sections 302 and 201 IPC. The FIR was registered against the unknown persons and after completion of investigation while submitting the final report, the prosecution filed the charge-sheet against six persons which included the present Appellant, his father, mother, two brothers and one sister-in-law (elder brother's wife) for the offence under Section 302 IPC, in alternative, Section 302/34 IPC or 304-B, 498-A and 201 IPC.