EKESHWAR SHARMA Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 31.01.2012 passed by the Additional Sessions Judge, Bhatapara, District Raipur (Now Baloda Bazar - Bhatapara) in Sessions Trial No.30/2010, whereby and whereunder, the trial Court, after holding the appellant guilty for causing homicidal death amounting to murder of deceased - Durga Tiwari and Sushma Sharma and for attempt to murder of Ashish Tiwari, convicted the appellant under Sections 302 (two times) and 307 of the IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs.500/-, in default of payment of fine to undergo additional S.I. for one month (two times) and to undergo R.I. for three years & to pay fine of Rs.500/-, in default of payment of fine to undergo additional S.I. for one month respectively.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of prosecution, appellant / accused is the husband of deceased Sushma Sharma and son-in-law of deceased Durga Tiwari. Injured Ashish Tiwari (PW-2) is the grandson of deceased Durga Tiwari and son of report lodger Jyoti Tiwari (PW-1). In the intervening night of 02.05.2010 and 03.05.2010 at about 1.00 am, when Sushma Sharma, her mother Durga Tiwari and Ashish Tiwari (PW-2) were sleeping in the house of Durga Tiwari, at that time accused/appellant came there and caused fatal injuries to his wife Sushma and his mother-in-law Durga Tiwari and also caused hurt to Ashish Tiwari by weapon like long knife and fled away from the spot. The entire incident was witnessed by Ashish, who went to his mother Jyoti Tiwari (PW-1) and narrated the incident. She went to the place of incident and saw that her mother-in-law, Durga Tiwari and sister-in-law, Sushma Sharma were in a pool of blood in dead condition. She called Manoj Kumar, Inderman and Pardeshi, thereafter, she went to police station, Simga and lodged First Information Report against the accused/appellant, which was registered by S.I. Lallan Singh (PW-15) under Section 302 and 307 of the IPC.