(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 5th December, 2000 passed by the 2nd Additional Sessions Judge, Raigarh in S.T. No. 146/98 whereby learned Additional Sessions Judge after holding the accused guilty for commission of offence under Section 302 of the IPC, for committing murder of Santuram, sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for 6 months.
(2.) CASE of the prosecution, in brief, is that Saniyaro Bai (P.W. 14) was married to accused Tanuram. At about 7-8 p.m. in the night of 3-5-98, when the accused reached on the spot, he saw something lascivious between Santuram and his wife Saniyaro Bai. At that time, he was carrying lathi in his hand. He assaulted Saniyaro Bai with lathi. When he attempted second assault, Saniyaro Bai held lathi, however, the accused snatched the same, assaulted her 2-3 times. Thereafter, the accused attacked the deceased with same lathi on his head. In the meantime, Saniyaro Bai ran away. Thereafter, the accused repeatedly attacked Santuram on his head. Saniyaro Bai disclosed the fact in the house of Bhagtu. The accused after attacking the deceased with lathi chopped his penis and right side of scrotum with a blade. The accused thereafter went to the village where meeting of villagers was going on. In that meeting, he disclosed that when he saw something lascivious between his wife and Santuram, he committed murder of Santuram by attacking with a club. He has chopped his penis and scrotum. He shown the lathi to them. Thereafter, P.W. 3, Pilakram informed family members of the deceased. Santram gave merg intimation Exh. P-16, based on that FIR, Exh. P-1 was registered. The Investigating Officer left for place of occurrence. He prepared site plan Exh. P-9. He seized wrapper of Topaz blade, clothes of the deceased, blood stained soil and plain soil from the place of occurrence. He also seized the piece of scrotum and piece of penis under Exh. P-10, which were lying at some distance. After giving notice Exh. P-3 to the Panchas, he prepared inquest Exh. P-8, on the body of the deceased. The body of the deceased was sent for post-mortem examination to the Government Hospital, Lelunga, where Dr. R.S. Upadhayay conduced post-mortem and prepared post-mortem report Exh. P-14. Seized articles were sent for chemical examination to the Forensic Science Laboratory under Exh. P-21 from where report Exh. P-24 was received. P.W. 2, Tilakram, Sub-Inspector, seized lathi under Exh. P-5 on being produced by the accused. Clothes of the accused were seized under Exh. P-6.
(3.) THE prosecution in order to establish charge against the accused examined 20 witnesses. Statement of the accused was recorded under Section 313 of the Cr.PC in which he denied material appearing against him. He has stated that on account of animosity witnesses have deposed against him. He has further stated that on the fateful day he went to his brother-in-law's place at Barkaspali along with his wife. He stayed in the night at his brother-in-law's place. Next day morning when he returned, he came to know about the death. He is innocent and has been falsely implicated in the crime. He examined D.W. 1 Dukhuram to the effect that he came to their village for dinner.