MOHD. KHAN ALIAS TETKU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the impugned judgment dated 27.1.2012 passed by the First Additional Sessions Judge, Durg, District Durg in Sessions Trial No.48 of 2011 convicting the Accused/Appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.3000/- and under Section 201 IPC and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs.1000/- with default stipulation.

(2.) In the present case, name of the deceased is Jahida Begum, wife of the Accused/Appellant. It is stated that on 5.6.2010, the Accused/Appellant and the deceased had gone to jungle from where the Accused/Appellant returned all alone whereas he gave information to villagers that his wife, Jahida Begum had gone to her parents house. On 19.7.2010, Rasida Begum (PW8) came to the house of the Accused/Appellant and enquired from Heena Begum (PW2) about the whereabouts of Jahida Begum. It was told to her that she had gone to her parents house. Getting the incorrect information, on 19.7.2010, a missing report (Exhibit P/16) was lodged by Heena Begum (PW2), daughter of the deceased. On 2.9.2010, a memorandum of the Accused/Appellant (Exhibit P/6) was recorded wherein he has stated that after committing murder of the deceased, he had buried the dead body in a pit. Based on this disclosure statement, seizure of the dead body (Exhibit P/2) was made and Panchnama (Exhibit P/4) was prepared. On the same day, seizure of axe (Exhibit P/7) was made and as per FSL report (Exhibit P/28), blood was found on the said weapon. Unnumbered merg intimation (Exhibit P/17), unnumbered FIR (Exhibit P/18), numbered merg intimation (Exhibit P/20) and numbered FIR (Exhibit P/19) were recorded on 2.9.2010. Skeleton was sent for examination before the forensic expert, which was examined by Rajkumar Singh (PW10) on 3.9.2010 and it has been opined by the expert that:-

(3.) While framing the charges, the trial Judge framed the charge against the Accused/Appellant under Sections 302 and 201 IPC.