AMARLAL BHARTI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 19.8.2011 passed by Sessions Judge Rajnandgaon, in Sessions Trial No. 53/2009 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 3000, plus default stipulations.

(2.) Name of the deceased in the present case is Savita Bai - wife of Mohan (PW-2). It is alleged that marriage of the deceased was first solemnzed with one Rajesh and after being deserted by him she started living with Mohan (PW-2) as his wife and out of their relations three children were born to her. Further case of prosecution is that accused/appellant had affair with the deceased and in the absence of her husband Mohan, he used to visit her house and stay there. Deceased is said to have asked the accused/appellant to take her away and on number of occasions they both had a talk on cell phone and also met at Jharimkasa Chowk. Thereafter, they came to Rajnandgaon by bus and after consuming liquor in a school ground, the accused took her behind Railway cabin and after having sex he committed her murder by causing injuries on her head with a brick. On 20.3.2009 Afjal (PW-20) saw the dead body and lodged Dehati merg intimation Ex. P- 19 at 9.15 AM. Dehati Nalisi Ex. P-21 was recorded at 10.15 AM; numbered merg Ex. P-18 at 1.45 PM and thereafter FIR Ex. P-22 was registered for the offence u/s 302 IPC against unknown person. After inquest, body was sent for postmortem examination on 20.3.2009 itself which was conducted by Dr. Rajesh Sadani (PW-5) who gave his report Ex. P-11 (to be seen later). In the query report Ex. P-14 it has been opined by the doctor that death could have been caused by the brick seized from the spot. During investigation, memorandum of the accused/appellant Ex. P-8 was recorded on 20.3.2009 (date as shown in the memorandum); seizure of ornaments, blood stained clothes of the accused, cash of Rs. 2,000/- was made on 22.3.2009 under Ex. P-9 and that of mobile phone on which accused made call to deceased, was made under Ex. P- 10 in presence of Tirthraj Yadav and Arun Gupta (PW-4 and PW-13 respectively). Ornaments so seized are said to have been identified by Mohan Kumar Medam (PW-2) the husband of the deceased. After investigation, charge sheet was filed by the police u/s 302 IPC followed by framing of charge accordingly.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 22 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.