SEEMA SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the above appeals have been filed against the judgment dated 24.8.2013 passed in S.T. No.39/12 by which the Additional Sessions Judge Bemetara (CG) has convicted the accused/appellants herein under Sections 302/34 and 201/34 of the Indian Penal Code (for short 'the IPC') and sentenced each of them to undergo R.I. for Life and fine of Rs.1,000/- and RI for 7 years and fine of Rs.500/-, with default stipulations, respectively, the same are being disposed of by this common judgment.

(2.) In the present case name of deceased is Mannu Soni.

(3.) Case of the prosecution, in brief, is that appellant Seema Soni was residing with deceased Mannu Soni as his keep for the past 8-10 years. Accused/appellant Seema Soni was of 28, whereas deceased was of 42. Further case of the prosecution is that accused/appellant Seema Soni finding that Mannu Soni (deceased) is not capable of satisfying her sexually, she had developed physical relations with accused/appellant Mahadev, who was posted as Constable at PTS Mana, Raipur and as the deceased was a hurdle for both the accused/appellants to continue their illicit relationship, therefore, they have decided to eliminate him. Accordingly, in the night intervening 16 th and 17th February, 2012 the accused persons have hanged the body of deceased from a tree after committing his murder by throttling. Next morning at 7 am merg intimation (Ex.P-27) was lodged by accused/appellant Seema Soni informing the police that in the previous night at about 10 p.m. deceased returned home and when she offered food to him, he asked her to go to sleep and that he will take food of his own. It is further informed in the merg that on 17.2.2012 when she woke up around 4 a.m. and was about to leave for answering the call of nature, she noticed that the deceased was hanging from the tree. Inquest on the body was conducted on 17.2.2012 vide Ex. P-2. Body was sent for post-mortem examination which was conducted by Dr. Shashikant Swarnkar (PW-11) on 17.2.2012 and he noticed following injuries vide Ex.P-19;-