SANTOSH SHARMA Vs. STATE OF CHHATTISHGARH

JUDGEMENT

(1.) The following judgment of the Court was delivered by Vijay Kumar The Additional Sessions Judge, Janjgir, Sessions Division Bilaspur, found the appellant-Santosh Sharma guilty of the offence punishable under Section 302 of the Indian Penal Code. The appellant was sentenced to undergo imprisonment for life with fine and default stipulation vide judgment of conviction and order of sentence dated 25-7-2000 passed in Sessions Trial No. 270/98.

(2.) Prosecution version as unfolded during trial, in brief, is that the appellant is nephew of Chudamani Sharma and Chudamani Sharma is father-in-law of Virendra Kumar. Appellant had an eye over the property of Chudamani Sharma. Virendra Kumar after his marriage used to visit his in-laws house off and on, therefore, appellant suspected that Chudamani Sharma would give his property to Virendra Kumar, therefore, appellant was keeping animosity with Virendra Kumar and his family members. In 1997 appellant assaulted Virendra Kumar who reported the matter to Police. Ku. Sarita Mishra (since deceased) younger sister of Virendra Kumar on 12-4-1998 went to Kausadi pond to take bath. When she was bathing appellant carrying a battle-axe came there and attacked Ku. Sarita Mishra. He gave several blows on Ku. Sarita Mishra by that battle-axe. Kr. Sarita Mishra received severe injuries on her body and instantaneously died on the spot. Appellant after getting the battle axe washed fled away from there.

(3.) Vijay Kumar Mishra another brother of deceased Sarita Mishra was informed by Santosh Pandey and Santosh Mishra that appellant killed his sister Ku. Sarita Mishra, therefore, he went to the place of occurrence and saw his sister Sarita Mishra who was dead having several injuries on her head, neck and other parts of the body and blood was oozing from those injuries. He went to the Police Station, Shivrinarayan, lodged mere intimation and first information report. N. Khais Sub-Inspector of Police recorded merg intimation and first information report and rushed to place of occurrence to conduct the first information report and rushed to place of occurrence to conduct the inquest. He after serving notice to witnesses and in presence of those witnesses conducted inquest, prepared inquest report and forwarded the dead body of Sarita Mishra for autopsy to Government hospital, Shivrinarayan. From the place of occurrence he collected blood stained earth, plain earth, skull hair and one Motimala belonging to Sarita Mishra and seized all those articles. He recovered one battle axe and one small towel from the possession of the appellant. He recorded the statements of witnesses under Section 161 of the Cr. P. C.