MOHIT RAM @ SADHU; BHANMATI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgement of conviction and order of sentence dated 30th August, 2011 passed by Additional Sessions Judge, Sarangarh, District Raigarh (C.G.) in S.T. No. 22 of 2010 whereby the trial Court after holding guilty for commission of murder of Saraswati Bai and for concealing the evidence of her dead body, convicted the accused/appellants under Section 302 and 201 read with Section 34 of the IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs.1000/- each and RI for three years and to pay fine of Rs.200/- each, in default of fine amount to further undergo RI for three months each. Both the sentences were directed to run concurrently.

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

(3.) The case of the prosecution, in brief, is that appellant No.2 Bhanmati is the first wife of appellant No.1 Mohitram and out of their wedlock one female child was born. Thereafter, the marriage between appellant No.1 Mohitram and deceased Saraswati Bai was solemnized according to their rituals prior to six years of the incident and out of their wedlock one male child was born. On 20- 4-2010 at about 5.00 a.m., deceased Saraswati Bai was found dead by strangulation in her matrimonial home by appellant Mohitram along with his wife accused Bhanmati.