LAXMAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these three appeals arise out of the common judgment of conviction and order of sentence dated 29.3.2008 passed by Additional Sessions Judge, Khairagarh, Distt. Rajnandgaon in ST No. 129/2006, they are being disposed of by this common judgment. By the said judgment, appellants Laxman and Lalit Kumar have been convicted under Sections 302/34, 201, 449, 120B, 404 of IPC and sentenced to undergo life imprisonment, fine of Rs. 1000/-; RI for 7 years, fine of Rs. 500/-; RI for 8 years, fine of Rs. 1000/-; RI for 5 years, fine of Rs. 500/- and RI for 1 year, fine of Rs. 500/- with default stipulations respectively. Appellant Chetan has been convicted under Sections 302, 201, 449 and 120B of IPC and sentenced to undergo life imprisonment, fine of Rs. 1000/-; RI for 7 years, fine of Rs. 500/-; RI for 8 years, fine of Rs. 1000/- and RI for 5 years, fine of Rs. 500/- with default stipulations respectively.

(2.) As per prosecution case, Gendlal, brother of accused/appellant Chetanlal developed illicit relations with deceased Smt. Maltibai and brought her in his village where his first wife was already residing. It is said that first wife of Gendlal and the deceased used to quarrel with each other and the deceased was given a separate house by Gendlal. Further case of the prosecution is that deceased Maltibai also made a complaint against accused/appellant Chetanlal and to eliminate her appellant Chetanlal took help of other two accused/appellants Laxman, Lalit Kumar and absconded accused Billa @ Amar Sahu. Deceased Malti went missing from 11/12.8.2006 and a missing report (Ex.P/26C) was lodged on 29.8.2006 by PW-5 Kamlesh, brother of the deceased, who was residing in another village of District Durg. On 8.9.2006 memorandum of appellant Chetanlal (Ex.P/3) was recorded wherein he confessed his guilt and informed the police as to the manner in which he with the help of other accused persons killed the deceased. According to him, he with the help of other accused persons strangulated Maltibai to death, took her dead body on his scooter and buried the same near the dam. Based on this memorandum, dead body which was in highly decomposed condition was recovered vide Ex.P/2 on 8.9.2006 and seizure (Ex.P/6) of one motorcycle, spade, pickaxe and plastic jerycane was made. On the same day, memorandums of appellant Laxman and Lalit Kumar were recorded vide Ex.P/4 and P/5 respectively. Pursuant to memorandum of appellant Laxman one suitcase and ear top were seized vide Ex.P/7 and memorandum of appellant Lalit led to recovery of one mangalsutra, one purse and a scooter vide Ex.P/8. The dead body was identified to be that of deceased Maltibai by her brother PW-5 Kamlesh vide Ex.P/1. However, other witness to identification of dead body Sarshottam, brother of the deceased, has not been examined. In respect of seized articles, identification was conducted by PW-7 MR Dhruv, Naib Tehsildar vide Ex.P/17 and the same were identified by PW-5 Kamlesh. In the meanwhile, Dehati Nalishi/Dehati Merg was recorded on 8.9.2006 vide Ex.P/29 and merg intimation Ex.P/30 was also recorded on the same day. FIR (Ex.P/31) was recorded on 8.9.2006 based on merg enquiry against the accused persons. Inquest over the dead body was conducted on 8.9.2006 vide Ex.P/16. Dead body was sent for postmortem to Community Health Center, Khairagarh on 8.9.2006 which was conducted by PW-15 Dr. Alpana Luniya vide Ex.P/27 and the doctor noticed that the body was of a female, it was in highly decomposed condition, face was in the form of skeleton with empty orbital cavity, fracture (small) of left side maxillary bone, hair present only on occipital region of head, ligature noticed of burnt nylon rope, heavy knot on left lateral side of neck, muscles were detached from their body joints, partial burnt clothes red and green coloured were attached to chest and the whole body was putrefied. However, no definite opinion regarding cause of death and others could be given and therefore, the whole portion of the body was sealed, packed and handed over to the police for further opinion by expert at Medical College, Raipur. On being questioned by the Court, the doctor stated that looking to the burnt clothes on the body and the burnt ligature mark on the neck it appeared that the dead body was burnt. Thereafter, the dead body was sent to Medical College, Raipur where second postmortem was done by PW-16 Dr. Ulhas Gonnade vide Ex.P/28. He also noticed burnt clothes on the body, skin was absent from nose, forehead, parietal, upper half of occipital bone, from junction of upper and middle and of right upper limb, left upper limb, chest, back, both thighs, abdomen. He also noticed absence of muscles over left arm and forearm, both legs, both foots, right hand and that there were marks of burning over chest, right tibia, 11th and 12th rib, T 12 to L 5, both thighs, pubic region, lower half of small intestine, urinary bladder. He further found that left maxillary bone show small linear fracture, skull was healthy, brain liquefied, chest organs baked and putrefied, stomach empty and that urinary bladder burnt. However, no definite opinion could be given regarding cause and mode of death as the body was putrefied. After filing of charge sheet, the trial Court has framed charge against the appellants Laxman and Lalit Kumar under Section 302, in the alternative 302/34, 201, 449, 120B and 404 of IPC whereas appellant Chetalal was charged under Sections 302, in alternative 302/34, 201, 449 and 120B of IPC.

(3.) So as to hold the accused persons guilty, the prosecution examined 19 witnesses in all. Statements of the accused were also recorded under section 313 of Cr.P.C., 1973 in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.