SHANTI KUMAR Vs. STATE OF C G

JUDGEMENT

(1.) BY this appeal under Section 374(2) of the Code of Criminal Procedure, sent through the Superintendent, Central Jail, Raipur, accused Shanti Kumar has questioned the legality of the judgment of conviction and order of sentence dated 18th September, 1993, passed by the Additional Sessions Judge, Khairagarh, in Sessions Trial No, 20/93, where by learned Additional Sessions Judge after holding the accused/Appellant guilty for commission of offence under Section 302 of the I.P.C. sentenced him to undergo imprisonment for life.

(2.) THE prosecution case, in brief, is that on 6-10-1992 there was Dushera festival, on that day, Dhaniram (PW-1), his wife Godavari (PW-2), and his sister-in-law Rukmini (PW-5), residents of village Ghotia, were going to watch the Dushera festival a: Kawardha. Shyambai (Since deceased) came to their house and requested then 1 that she would also go along with them to watch the Dushera. Rukmini (PW-5), on the request of Shyambai, provided her sari to Shyambai on which she wore the sari of Rukmini and all of them left for Kawardha. By the time they reached to Raipur Naka in the city of Kawardha, night had already set in. Accused Shanti Kumar came there and after catching hold of the hand of Shyambai asked her to accompany him, but she refused, even then, the accused took her along with him. On the next day, at about 9-10 a.m. the body of Shyambai was found floating in the canal which goes towards Birkona from Kawardha. THE information of the body (Ex.P-11) was given by Kotwar Dhunariram (PW-6), to the Piparia Police.

(3.) AFTER completion of investigation, charge sheet was filed against the accused in the Court of Judicial Magistrate, First Class, Kawardha, who in turn committed the case to the Sessions Judge, Rajnadgaon, from where, the Additional Sessions Judge, Khairagarh, received the case on transfer for trial.