BISESHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 25.11.2006 passed by the Sessions Judge Raipur, in Sessions Trial No. 302/2006 convicting the accused/appellant under Section 302/34 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 500/-, plus default stipulation.

(2.) According to the case of the prosecution, deceased/accused Shiv Prasad Sahu was having an affair with the deceased namely Chunni Bai though she was married to some other person. After marriage Chunni Bai returned to her village and on 2.5.2006 at about 9.15 AM the accused/appellant herein and the deceased/accused Shiv Prasad Sahu were waiting for her. When she reached there along with Amrika Bai (PW-2) and Amrit Bai (PW-3), the accused persons apprehended her and deceased/accused Shiv Prasad Sahu caused several injuries on her body with the help of crowbar resulting in her death. Further case of the prosecution is that after killing Chunni Bai, both the accused persons also committed the murder of Savitri Bai and Amrotin after entering their house. FIR Ex. P-2 was lodged by Shiv Kumar Sahu (PW-1) - the father of the deceased on the same day against both the accused persons for the offences punishable under Sections 302/34, 341 and 450 IPC. Immediately thereafter merg Ex. P-1 was also registered at the instance of PW-1. After inquest Ex. P-4, body of the deceased was sent for postmortem examination which was conducted by Dr. Raj Kumar Singh (PW-12) who gave his report Ex. P-9. As accused Shiv Prasad Sahu died on 17.5.2006 i.e. before filing of challan, by jumping off the watch tower, it was filed against the accused/appellant herein only. Thereafter, charge was framed by the Court below against the accused/appellant under Section 302/34 IPC.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 14 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.