KRISHNA KUMAR ALIAS CHOTI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal by the Appellant-accused, Krishna Kumar alias Choti, is directed against the judgment dated 28.10.2002 passed by the IVth Additional Sessions Judge (F.T.C.), Janjgir, in Sessions Trial No.527/2001, whereby the Appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.100/- and in default thereof to suffer further rigorous imprisonment of one month. By the same judgment, the Appellant has also been convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.100/- and in default to pay the fine amount to further undergo rigorous imprisonment for one month.

(2.) The prosecution story briefly stated is that on 26.9.2001 at about 8:00 pm, the Appellant-accused murdered his sister-in-law (brother's wife), Siya Bai, by strangulating her using the end of sari which Siya Bai was wearing at the time of occurrence. On 29.09.2001, Lakhanlal (PW- 18) lodged a report in the police station that Siya Bai was missing from her house from the evening of 27.9.2001. Thereafter, a search was made and near the boundary of the field (medh) belonging to one Daniram the dead-body of Siya Bai was found in Village Chanhakhar. Thereafter, FIR (Exhibit P-22) was lodged. Inquest proceedings were conducted. The body of the deceased was sent to post-mortem. According to the evidence of Dr. U.K. Tiwari (PW-7), the deceased died due to asphyxia caused by strangulation.

(3.) The undisputed facts are that the deceased Siya Bai was married to Radhelal, the real brother of the Appellant-accused. They were living together in one house along with their father, Shyamlal. The case of the prosecution is that on 26.9.2001 late in the evening the Appellantaccused left the house stating that he was going to market. Soon thereafter, Siya Bai, the deceased, also left the house but did not come back. The story of the prosecution is that in the same evening at about 8:00 to 9:00 pm, the Appellant-accused visited the house of his paternal uncle, Bhujbal (PW-1) and at that time the accused was only clad in a underwear and vest. He was in a state of panic and was sweating and therefore showed that he was guilty of some offence.