RAM BHAU Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 07.05.2003 passed by the 8th Additional Sessions Judge (F.T.C.), Durg in Special Sessions Case No. 321/1999 whereby and whereunder while acquitting the co-accused Noor Mohammed, the Court below convicted the appellant under Section 302/34 and 201 of the I.P.C. for causing homicidal death amounting to murder of Asha Bai in sharing common intention and for concealing the evidence and sentenced him to imprisonment for life and to undergo RI for three months. Conviction is impugned on the ground that without there being any iota of evidence against the appellant, the Court below has convicted and sentenced the appellant as aforesaid and thereby committed illegality.

(2.) As per case of the prosecution, deceased - Smt. Asha Bai was the wife of the appellant. Smt. Asha Bai was in the habit of drinking liquor and was also accustomed to leave the house without any intimation to the appellant. On 14.03.1996, she left the house of the appellant and thereafter she was found missing. Appellant lodged Rojnamcha vide Ex. P. 18-A on 18.03.1996. On 23.03.1996 at 07.00 p.m., the appellant along with co-accused and deceased went to the Shivnath Cafeteria, thereafter, they left the hotel by Car. During course of travelling, the appellant along with co-accused strangulated the neck of the deceased and caused her death and threw the dead body besides Junwani Road and also threw the towel, chappal and purse. During course of patrolling, dead body of deceased was noticed by the police. Merg was recorded vide Ex. P. 11.

(3.) After summoning the witnesses vide Ex. P. 20, inquest over the dead body was prepared vide Ex. P. 21. Spot map was prepared vide Ex. P. 2. Dead body was sent for autopsy to Government Hospital, Durg, vide Ex. P. 24, P.W. 8 Dr. S.A. Mandge conducted the autopsy vide Ex. P. 12 and found following injures: