VISHESHAR PATLE @ BODO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking criminal jurisdiction of this Court under Sec. 374(2) of the CrPC, the appellant herein has preferred this criminal appeal calling in question legality, validity and correctness of the judgment of conviction and order of sentence dtd. 26/9/2018 passed by learned Session Judge, Bilaspur, District Bilaspur (C.G.), in Session Trial No.105/2017, by which the appellant has been convicted and sentenced as under:-

(2.) The prosecution case in brief is that the deceased, Birasbai, was mentally retarded. After her husband's death a few years after their marriage, she lived with her nephews, Parmanand Kewat (PW-3) and Parameshwar Kewat (PW-10), in the village of Lawar, under the jurisdiction of Masturi police station. Appellant Visheshwar Patle @ Bodo, a resident of the village of Silpahari, under the jurisdiction of Sirgitti police station, was a beggar. On 13/5/2017, the appellant visited the homes and neighborhoods of the deceased's nephews to beg. Around 9:00-9:30 a.m., Birasbai left her home with a white bucket to bathe in the pond and never returned. After a search, two days later, on 15/5/2017, her body was found, nearly naked, in dilapidated building of the Community Sub-Health Center in the village of Silpahari. Her nephew's daughter-in-law, Mrs. Purnima (PW-5), and other members of the women's committee saw the body and informed the family. Based on information provided by Parmanand Kewat (PW-3), a morgue was registered at the police station vide Exhibit P- 7, and a panchnama was prepared. Doctor P.C. Banerjee (PW-13) examined the body and submitted a report vide Exhibit P-15, stating the cause of death was homicidal. The police conducted enquiry and registered a First Information Report. The investigation revealed that Dadulal Kewat (PW- 4) had last seen the deceased leaving with the appellant on 13/05/2017. The deceased's nephews' children also saw them leaving and informed the family. Further, when a search was conducted for the accused/appellant, a white bucket, allegedly taken by the deceased, was found at his home. Upon questioning, the accused fled. During the investigation, based on the accused's memorandum statement (Exhibit P-9), a stick was seized from him vide Exhibit P-10. It was sent for chemical testing. Statements of witnesses were recorded. A scene map was prepared, and after completing the investigation, a charge sheet was filed.

(3.) During the course of trial, in order to bring home the offence, the prosecution has examined as many as 15 witnesses and exhibited 24 documents. Statement of the appellant was also recorded under Sec. 313 of Cr.P.C. in which he denied circumstances appearing against him in prosecution case, pleaded innocence and false implication.