KRISHNA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 29th June, 2001 passed in Sessions Trial No. 257/2000, whereby the learned Sessions Judge, Bilaspur after holding the accused/appellant guilty of causing homicidal death of Santoshi Bai, has convicted him under Section 302 of the IPC and sentenced him to undergo imprisonment for life.

(2.) BRIEFLY stated case of the prosecution is that husband of the deceased Ramkhilawan (P.W. 1) lodged First Information Report (Exh. P-9) in Police Station Pali, Distt. Korba at about 12.00 noon on 1-5-2000 mentioning therein that he and Santoshi Bai were married two years before the date of incident and 15 days before the incident he had taken Santoshi after Gouna. On 23-4-2000 he along with his wife Santoshi had gone to Navapara (Dhawaihapara). On 30-4-2000 his wife Santoshi complained of stomach-ache in the morning, then his mother-in-law told Santoshi that she is going along with Ramkhilawan to forest for bringing rope and after returning from forest they shall call the doctor and both of them proceeded to forest.

(3.) HIS mother-in-law went inside and saw that there was a container of democron pesticide in the polythene and some medicine was still remaining. His sister-in-law informed that Krishna had come at 12.00 noon and he was massaging the legs of her sister with his legs. Krishna had deliberately administered democron pesticide to her sister saying that it is a medicine for stomach-ache and has committed her murder. Krishna was called in the night itself and his wife told in presence of all about administration of medicine to her and thereafter, she became unconscious and died at about 2.00 in the night. After registering the offence spot map of Exh. P-10 was prepared. Inquest over the dead body of deceased Santoshi was prepared vide Exh. P-3 after due notice to the witnesses in their presence. The bottle was seized from Devkunwar vide Exh. P-2. Dead body was sent for post-mortem to Community Health Centre, Pali vide Exh. P-7, where Dr. Pradeep Agrawal (P.W. 7) and Dr. S.S. Paikra conducted post-mortem and submitted their report of Exh. P-7/A. Vomitus of Santoshi Bai and plain soil were taken into possession vide Exh. P- 13. Three sealed jars containing pieces of lung, liver, heart, kidney, pieces of stomach and sample of liquid sent by Community Health Centre, Pali were taken into possession vide Exh. P-17. The seized articles, i.e., three jars, vomitus, plain soil and bottle of democron were sent for chemical analysis to Forensic Science Laboratory, Sagar vide Exh. P-15 and the FSL Report is Exh. P-16. After completing investigation charge-sheet was filed in the Court of Judicial Magistrate First Class, Katghora who in turn committed the case to the Court of Sessions Judge, Bilaspur.