GIRDHARI SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 11.10.2010 passed by the Sessions Judge, Kabirdham (Kawardha) in S.T.No.36/2009 convicting the accused/appellant under Sections 364, 302 on two counts and 201 of IPC and sentencing him to undergo RI for 10 years, fine of Rs.1000/-; imprisonment for life, fine of Rs.5000/- (two times); and RI for 7 years, fine of Rs.1000/- with default stipulations respectively.

(2.) As per prosecution case, deceased Rukmanibai was wife of the accused/appellant, however, on account of dispute between them, Rukmanibai was living separately with her brother Dhansingh (PW-2). She had initiated proceedings against the appellant under Section 125 of Cr.P.C. for grant of maintenance before the Court of Judicial Magistrate First Class, Pandaria, Kabirdham. Initially, a sum of Rs.700/- was awarded in her favour as maintenance, which was later on enhanced to Rs.800/-. As the appellant failed to give maintenance amount regularly to the deceased Rukmani, she filed an appropriate application before the concerned Magistrate and on 25.4.2009 when the case was listed before the Magistrate, the appellant deposited Rs.5100/- and in turn, the same was handed over to Rukmanibai. Further case of the prosecution is that after the Court proceedings, the accused/appellant took Rukmanibai and her nephew Ritesh, aged about 5 years, who had come to the Court along with Rukmanibai, on his motorcycle on the assurance of dropping them at their village and on the way, he stopped his vehicle near one brook and committed their murder by assaulting them with a big stone. According to the prosecution case, after committing murder of both the persons, the appellant in order to cause disappearance of the evidence, set them ablaze, took Rs.5100/- from Rukmanibai and fled from there. It is also the case of the prosecution that when the appellant was assaulting the deceased persons and setting them ablaze, he too suffered injury by stone on his middle finger and some superficial burn injury, for which he was medically examined vide Ex.P/20. When deceased Rukmani and Ritesh did not return to their house, a missing report (Ex.P/21) was lodged by PW-2 Dhansingh, father of deceased Ritesh. During investigation, the appellant was apprehended and on interrogation, he confessed that he committed murder of Rukmani and Ritesh vide his memorandum Ex.P/1 recorded on 29.4.2009. Dehati merg intimation Ex.P/22 in relation to death of Rukmani and Dehati merg intimation in respect of death of Ritesh Kumar were recorded on 25.4.2009. Thereafter, Dehati Nalishi Ex.P/24 was recorded and numbered merg intimations (Ex.P/25 & P/26) were also recorded. FIR (Ex.P/27) was registered on 29.4.2009 against the appellant under Sections 364, 302 and 201 of IPC.

(3.) On the basis of memorandum Ex.P/1 of the appellant, two human skeletons (Ex.P/2) and one lacerated skull of child, bones of thigh, ribs, hand, jaw, collar bones (Ex.P/3) were seized. From the place of occurrence where skeleton of deceased Rukmani was found, plain and bloodstained soil, bloodstained blouse and petticoat, slipper, silver anklet, nose-pin, silver ring, silver clip, four pieces of burnt bangles, one black handkerchief, one comb, bloodstained nine pieces of small and big stone, were seized vide Ex.P/4. From the place of incident where skeleton of deceased Ritesh was found, plain and bloodstained soil, bloodstained pieces of stone, burnt shoes of a child, burnt underwear, shirt and goggle of deceased Ritesh, were seized vide Ex.P/5.