BARIKLAL KURRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 11.2.2010 passed by the Sessions Judge, Kabirdham (Kawardha) in S.T. No.12/09 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo R.I. for Life and fine of Rs.3,000/-, in default to undergo RI for 1 year.

(2.) In the present case, name of deceased is Chandrakali Bai, daughter of accused/appellant from his first wife.

(3.) The prosecution story, in brief, is that deceased Chandrakali Bai was the daughter of accused/appellant from his deserted first wife and she was residing with her father (appellant). Accused/appellant had performed second marriage with one Ganeshiya Bai from whom he had three sons. Initially deceased Chandrakali used to reside with her mother and later on accused/appellant took her along with him by saying that he will take care of her. It is further case of the prosecution that as the appellant does not want to give share in his property to the deceased, therefore, in the night intervening 29th and 30th December, 2010 accused/appellant had administered poison (zinc phosphate) with some sweet to the deceased by saying that the same would immediately heal her wound and after eating said sweet, the deceased died in the night itself. Merg Intimation (Ex.P-8) was lodged on 30.12.2008 at 10.30 a.m. by the appellant informing that the deceased died unnatural death. Inquest on the body of deceased was conducted on 30.12.202008 vide Ex.P-9. Body was sent for post-mortem examination which was conducted by Dr. Santosh Luniya (PW-11) vide Ex.P-2. In the opinion of autopsy surgeon, no definite opinion regarding cause of death could be given and therefore he preserved the viscera to find out the cause of death. Viscera of the deceased and the sweet was sent for chemical examination to the Forensic Science Laboratory from where report of Ex.P-14 was received in which poisonous substance (Zinc Phosphide) was found in Articles-A, B, D and E i.e. viscera and sweet eaten by the deceased. After merg enquiry, Dehati Nalishi (Ex.P-12) was registered on 7.1.2009. Memorandum of accused/appellant was recorded vide Ex.P-6 and on the basis of disclosure statement made by accused/appellant, a polythene containing sweet mixed with poisonous substance and wrapper of rat killing medicine, in five pieces, were seized vide seizure memo Ex.P-7. On 7.1.2009 FIR (Ex.P-12A) was registered against the appellant under Sections 302 and 201 of IPC.