RAJJO SATNMAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 28.02.2008 passed by the Second Additional Sessions Judge (FTC) Mungeli, Session Division Bilaspur (CG) in Session Trial No.722007, convicted the accusedappellant under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs.200 with default stipulation.

(2.) In the present case, name of the deceased is Usha Bai who was the wife of the accusedappellant. As per the case of the prosecution, wife of the accusedappellant went to the house of one Karan Singh to live with him as his wife and that caused annoyance to the accusedappellant. On 15.11.2006 at about 6.00 pm the accusedappellant assaulted the deceased and the deceased ran away from the house of the accusedappellant and reached to the house of her brotherinlaw (Jeth Anand Kumar). Again the accusedappellant caught hold the deceased and dragged her to his house and assaulted brutally by sword and other articles and committed her murder. Body of the deceased was seen by the villagers in the courtyard of the house of the accusedappellant and Kotwar Bedan Das reported the matter to the Police Station Lalpur on 15.11.2006 at about 8.30 pm. Sub Inspector namely Pitambar Gilhare (PW17) recorded First Information Report and merg information report and on the next day certain articles were seized from the spot. Body of the deceased was sent for postmortem on 20.11.2006, the accusedappellant was arrested and upon his recovery statement one sword was seized from him and his dress were also seized. Statement of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1908 (for short 'the Code').

(3.) After completion of investigation, charge sheet was filed against the accusedappellant. The trial Court framed charges against the accusedappellant as aforementioned upon which he did not plead guilty and the trial was conducted. After completion of the trial, the trial Court convicted and sentenced the accusedappellant as aforementioned.