SADIK KHAN @ JUGNU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 22.11.2011 passed by the 1st Additional Sessions Judge, Ambikapur, District Sarguja (CG) in S.T. No.318/2010 convicting the accused/appellants under Section 302/34 & 201/34 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to undergo R.I. for Life & fine of Rs.1,000/ -, in default to undergo additional R.I. for 04 months and R.I. for 03 years & fine of Rs.500/ -, in default to undergo additional R.I. for 02 months.

(2.) In the present case name of deceased is Amina Bibi, wife of accused/ appellant No.1 -Sadik Khan. The deceased was residing in her matrimonial home situate at village Chando, District Sarguja along with her husband (appellant No.1), brother -in -law (appellant No.2) and three other absconding accused persons namely Munna Khan @ Naaj Ahmed (brother of appellants), Tawaida Bibi (wife of Munna Khan) & Samrunnisha (wife of appellant No.2). It is alleged that on or about 11.4.2010 the accused/appellants along with absconding accused persons committed murder of the deceased by pressing her neck with the help of nylon rope and thereafter when they were taking the body of deceased to village Gadhwa (Jharkhand) in the vehicle of Farid (PW -2) hired by them, on the way Abdul Hannan (PW -5), brother of deceased, and Gyasuddin (PW -6), uncle of deceased, intercepted the vehicle, brought it to Police Station Gadhwa (Jharkhand) and it was noticed that deceased had already died. A written complaint (Ex.P -4) was made by Abdul Hannan (PW -5) in the Police Station Gadhwa based on which inquest report was prepared on 11.4.2010 at 5.30 p.m. and thereafter post -mortem on the body of deceased was conducted by Dr. Jwala Prasad Singh (PW -12) vide Ex.P -16 who noticed bruises on the body of deceased and opined that cause of death is asphyxia due to strangulation and duration of death was 24 to 36 hours from the post - mortem examination. FIR (Ex.P -9) was registered and the accused/appellants were arrested vide Ex.P -10 at Gadhwa. As the incident was found to have occurred at Chando, District Sarguja, the case was transferred to Police Station Chando where Merg was recorded vide Ex.P -13 on 15.4.2010 and thereafter FIR (Ex.P -11) was registered against all the accused persons. During the course of investigation, accused/appellant No.1 made disclosure statement of nylon rope vide Ex.P -2 and the same was recovered at his instance vide Ex.P -3. Absconsion memo (farari panchnama) in respect of three absconding accused persons was prepared vide Ex.P -5.

(3.) After completion of investigation, charge sheet was filed against the accused/appellants on 10.7.2010 under Sections 498A/34, 304B/34, 302/34 and 201/34 of the IPC showing three co -accused persons absconding and accordingly the charges were framed against them.