ANAND RAM SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of impugned judgment of conviction & order of sentence dated 16.3.2011 passed by the Additional Sessions Judge, Bemetara in S.T. No.14/09 convicting the accused/appellant under Sections 302 & 201 of the Indian Penal Code (for short 'the IPC') and sentencing him with rigorous imprisonment for life & fine of Rs.1,000/- and in default to undergo additional R.I. for 01 month and rigorous imprisonment for 05 years and fine of Rs.500/-, in default R.I. for 15 days respectively.

(2.) In the present name of deceased is Sunita, first wife of accused/appellant. It is stated that marriage of accused/appellant was solemnized with deceased Sunita about eight years back from the date of incident and as their relations became strained, she left the company of accused/appellant and started living in her parental home. Accused/appellant had performed second marriage by local custom with one Savitri (PW-8) but after some time of marriage, she too has left his house. Thereafter the accused/appellant went to the house of his first wife and brought her back. After some time his second wife had also returned and since then he was living with his both the wives. Further case of the prosecution is that on 21.1.2009 in between 8.00 p.m. to 12.00 in the midnight, accused/appellant committed murder of the deceased, took her dead body on his bullock-cart, threw the same in the outskirts of village and while he was returning, on the way he met Mehtaru (PW-7), Sukhiram Sahu (PW-9) & Ishwar (PW-10) before whom he made extra-judicial confession that he had thrown the dead body of his wife after committing her murder. Rajesh Manikpuri (PW-6), village Kotwar, lodged named FIR on 26.11.2009 at about 8.30 a.m. and immediately thereafter merg intimation of Ex.P-3 was also recorded. Inquest was prepared vide Ex.P-2. Dead body was sent for post-mortem examination to the Community Health Centre, Nawagarh where Dr. Sanjay Kumar (PW-13) & Dr. T.N. Mahileshwar (PW-16) conducted post mortem vide Ex.P-16 and noticed multiple injuries. Cause of death was asphyxia & coma due to throttling and subdural haemorrhage and the death was homicidal in nature. During the course of investigation, accused/appellant made disclosure statement (Ex.P- 5) of one axe, shirt, bloodstained peticoat, gunny bag & lungi and the same were recovered at his instance vide seizure memo of Ex.P-6 & Ex.P-7 respectively. After completion of investigation, charge sheet was filed against accused/appellant for the offences punishable under Sections 302 & 201 of the IPC and accordingly the charges were framed against him.

(3.) In order to hold accused/appellant guilty, the prosecution had examined as many as 18 witnesses. Statement of accused/appellant was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case and pleaded innocence & false implication.