PANCHAM DHOBI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these two appeals arise out of common judgment of conviction and order of sentence dated 24.06.2011 passed by 2 nd Additional Sessions Judge, Manendragarh, District Koria, in Sessions Trial No. 113/2010 convicting the accused/appellants under Section 302/34 of IPC and sentencing them to undergo imprisonment for life and to pay fine of Rs.1000/- each, in default of payment of fine amount to further undergo R.I. for three months, they are being disposed by this common judgment.

(2.) In the present case name of the deceased is Naresh Kumar, 8 years old, 5th son of accused/appellant Pancham in Cr.A.No.579/2011 (hereinafter referred to as A-1) from his first wife Lalti Bai. Accused/appellant Tara Bai in Cr.A.No.642/2011 (hereinafter referred to as A-2) is second wife of A-1.

(3.) As per the prosecution case, A-1 and his first wife Lalti Bai had six issues. A-1 had also performed second marriage with A-2. A-1, his first wife Lalti Bai and A-2 were living in a same house where A-1 used to sleep with A-2 in a separate room. On 23.07.2010, appellants (A-1 and A-2) slept together along with the deceased after bolting the door from inside. Next morning when A- 1, A-2 and deceased did not wake up, Lalti Bai (PW/1), first wife of A-1, knocked the door and then it was A-2 who informed her that A-1 is not allowing her to open the door. Immediately thereafter, Lalti (PW/1) raised her cries and hearing the same neighbours came there and when the door was not opened despite all the efforts, Brijesh Kumar (PW/2) and Premnath (PW/3) climbed up the roof, removed tiles, gained entry inside the room and saw A-1 from the top holding bloodstained axe and the dead body was lying on the floor. After some time, A-2 opened the door and Lalti (PW/1) saw A- 1 standing there holding bloodstained axe in his hand and thereafter she became unconscious. On 24.07.2010 at 8.55 am, dehati merg (Ex.P/1) was lodged at the instance of Lalti Bai (PW/1) followed by dehati nalisi (Ex.P/2) and merg intimation (Ex.P/14). On the basis of merg (Ex.P/14), FIR (Ex.P/15) was registered against A-1 under Section 302 IPC. On the same day, inquest on the body of deceased was conducted vide Ex.P/5-A and body was sent for postmortem examination to Community Health Center, Manendragarh where Dr. (Smt.) Soubhagya Singh (PW/13) conducted postmortem on the body of deceased and gave her report Ex.P/17-A noticing following injuries:-